When an attorney conspires with a client to commit a crime, such as providing advice on how to evade criminal charges, those communications are not protected by attorney-client privilege because the attorney becomes a participant in the criminal conspiracy; however, even if such communications were privileged, the client retains the right to waive that privilege.
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Legal Privilege: Can Criminal Conspiracy Be Protected?Added:
Now you would ask then, um is it privileged? Uh the answer is maybe. Because look, if I if I tell a client, if I sit down and conspire with a client telling him how to go commit a crime. Look, dude, you're doing it all wrong. I've been a criminal defense lawyer for 31 years and you're out there dealing drugs. Let me tell you how to really do it. Let me tell you how to get away with it. You know, well, is that a privilege is that privileged legal advice? I would think not. Basically, now I'm part of a criminal conspiracy and I would think that that would not necessarily be privileged. Um but even if it is even if it is privileged, it is the client's to waive.
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