Evidence-Wellborn SU2006 Outline

No mention was made of the substance of any

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Unformatted text preview: e. Exceptions: There is no privilege under this rule: o If the services of the lawyer were sought or obtained to enable or aid anyone to commit or plan to commit what the CLIENT knew or reasonably should have known was a crime or fraud; o As to a communication relevant to a matter of common interest between or among clients if the communication was made by any of them to a lawyer retained or consulted in common, when offered in an action between or among any of the clients INTRODUCTION: JEREMY BENTHAM, RATIONALE OF JUDICIAL EVIDENCE Attacking attorney-client privilege o His argument: Only the guilty benefits from the privilege because if you are not guilty you have nothing to hide so you don't need the privilege, and since it only benefits the guilty in invading just conviction and punishment, that's a social ill. And there's no counterveiling social benefit. (Civil cases, plaintiff whose case is meritorious isn't going to lie anyway, plaintiff whose case is bogus has things to hide) Wellborn th...
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