If you are interviewing a client for a lawyer and the clients says she is going to committ a crime do u tel?
You are interviewing a client for your boss who is a attorney and the client says she did steal the versace dress from Saks and then she says she is going to go back and steal shoesdo you tell the authorities that she is planing to do it again?
Answer:
I agree, tell your boss ASAP. If he doesn't report it, he's the one that faces possible disciplinary charges not you.
This situation falls under what's called the "crime-fraud exception" to the usual lawyer/client confidentiality rules:
http://www.lectlaw.com/def/c180.htm...
The last time I heard a question like this was when I was applying for mental disability...
Tell the attorney you work for and let him deal with it.
As a citizen, yes! Lawyers tend to focus on the money, not the authenticity of the crime.
no, you tell your boss the attorney.
FOR NOBLE_SAVAGE:
Actually, telling the attorney that you are 'planning' to commit a crime does NOT fall under the crime-fraud exception.
The specifics of the above post are informational only and as such, the attorney-client priviledge prevails. HOWEVER, if the attorney assists the client in committing the crime, by inforamtion (i.e., yes, the bank courier leaves at 4 p.m. and takes this route) or active help (I'll meet you at 4 p.m. to hold the diamonds so you are not caught with them) THEN it does fall under the exception.
'There is no privilege under this article [dealing with attorney-client privilege] if the services of the lawyer were sought or obtained to enable or aid anyone to commit or plan to commit a crime or a fraud'
"Where the entire attorney-client relationship is embarked upon in furtherance of criminal activity, and the relationship is permeated by criminal activity and the client takes an active part in it, the crime-fraud exception is satisfied notwithstanding that it may have been the attorney who originally conscripted the client for the illegal purpose. In re Impounded Case (1989) 879 F.2d 1211, 1213-14."
"In order to establish the crime-fraud exception to the privilege, 'the party opposing the privilege must establish a prima facie case of fraud. [T]he party must also establish a reasonable relationship between the fraud and the attorney-client communication.' Cunningham v. Connecticut Mut. Life. Ins. (S.D.Cal. 1994) 845 F.Supp. 1403, 1412."
you tell your boss for him to make the right decision...
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