When is it legal to ignore attorney/client privilege?
When is it legal to ignore attorney/client privilege?
I think you need to ask two questions, morally and legally. Then you can look at national security , serial killer, vs the pure legal question. As you can see I have a problem with some issues that the law would not recognize as a defense attorney. I would have none as a prosecutor it is sacrosanct.
Trick question. Who said it’s being ignored?
If there is probable cause to believe that the attorney is himself a participant in the fraud, the privilege doesn’t apply.
Also, it is an evidentiary privilege not really a shield that blocks all information that would be covered by the privilege from being turned over during an investigation or discovery. From a criminal investigation stand point, you want a “clean team” that will handle any document that might be sensitive, so in case a judge determines that the privilege applies, you don’t have a poison fruit effect where you contaminate other evidence that you collect that would also thereafter have to be legally excluded.
Also, in the case of Stormy Daniels documents, we have already had Trump and Cohen’s attorney claiming that Trump was not a client on the Daniels’ settlement (rather he was a third party beneficiary), thus the communications pertaining to that would not involve the seeking of legal advice and would be less likely to be covered by the privilege.
Haven't they admitted that they are trying to find something on the pay off of the whore?
Nothing illegal about paying off a whore. Making misrepresentations to a bank can get you in trouble though.