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All Jurisprudence based

0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises

During a confidential planning conference for a civil dispute involving alleged embezzlement in a government-funded project, Atty. Cruz represents Ms. Rivera. Rivera confides that she intends to manipulate procurement to siphon funds and asks for legal strategies to carry out the scheme and conceal it from authorities. A non-attorney forensic accountant is present to provide data and help interpret financial terms for the lawyer. A translator is present to facilitate communication. Rivera requests that all discussions remain confidential. Later, the opposing party subpoenas Cruz and demands production of the confidential memo and meeting notes. (a)Identify the doctrine that protects such communications and who may invoke it, and what communications are covered. (b)Apply the doctrine to the facts: should the court sustain the privilege for the memo and notes, or may they be overridden by the crime‑fraud exception or waiver? Explain.

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The privilege protects only written communications; oral communications, even if confidential, are not privileged, and the presence of a translator destroys confidentiality. A separate ‘work product’ doctrine applies to the memo and notes, rendering them privileged regardless of client intent or content. The mere presence of a non‑attorney is never allowed in privileged communications, so the translator and forensic consultant cannot participate in the planning session for privilege to apply. The attorney‑client privilege protects confidential communications between client and lawyer made for the purpose of seeking or receiving legal advice and extends to necessary intermediaries (such as translators or consultants) essential to providing legal services; It may be invoked by the client or the attorney, and it yields to the crime‑fraud exception when the client seeks to commit or conceal a crime; in this fact pattern, Rivera’s plan to manipulate procurement and siphon funds shows a crime‑fraud purpose, so the memo and meeting notes are not privileged and may be disclosed.

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