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Attacking Attorney-Client Privilege the Old-Fashioned Way

By Ronald H. Levine
July 31, 2006

Federal prosecutors continue to attack attorney-client privilege through aggressive use of the crime-fraud exception ' a government tactic easy to forget amidst the hoopla surrounding the government's attempts to exact attorney-client privilege waivers as the sine qua non of cooperation. A recent Third Circuit case illustrates the worrisome potential breadth of the exception.

The Reach of the Privilege

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