Evidence-Wellborn SU2006 Outline

Issue were statements that the officer made to her

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Unformatted text preview: way. A judge may order disclosure of the allegedly privileged documents upon a prima facie showing that the future crimes exception is applicable: "Where the communications between a client and his attorney are made for the purpose of aiding the commission of a future crime or a present continuing crime." o Prima facie showing requires that there be "some foundation in fact" for the alleged illegal conduct. o Trial court may conduct an in camera review of the allegedly privileged documents without first requiring a prima facie showing if it determines that this would aid its assessment of the privilege's applicability. Notes: Only the client must know or reasonably should know of the unlawfulness of the conduct the attorney need not be aware of the illegal use to which his advice is being put. In ordering the production for an in camera inspection to determine whether the crime-fraud exception applies, the judge should require a showing of a factual basis adequate to support a good faith belief a reasonable person that wrongful conduct sufficient to invoke the crime-fraud exception to the attorney-client privilege has occurred. (See CLARK v. STATE) IN RE VON BELOW [Lawyer-Client Privilege Waiver] Facts/Procedural Posture: Theory is that Claus injected his wife with an overdose of insulin Her children from a previous marriage, have sued Claus in tort. Claus retained Dershowitz to represent him i...
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This note was uploaded on 08/28/2008 for the course N 483 taught by Professor Wellborn during the Summer '08 term at University of Texas at Austin.

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