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re: Breaking Bad Question

Posted on 9/3/14 at 8:41 am to
Posted by ashy larry
Marcy Projects
Member since Mar 2010
5569 posts
Posted on 9/3/14 at 8:41 am to
I'm no lawyer, but I am pretty sure the 'crime fraud exception' waves the attorney/client privilege in certain cases. I don't remember the scene in the show you are referring to, but I know that I can't walk in to an attorney's office and ask him how to launder money and request attorney client privilege. Soon as I ask him/her for advice on committing an illegal activity, I've basically waved my attorney-client privilege. However, talking about past criminal activity is allowed in attorney-client privilege.
Posted by MightyYat
New Orleans
Member since Jan 2009
24661 posts
Posted on 9/3/14 at 9:09 am to
quote:

I'm no lawyer, but I am pretty sure the 'crime fraud exception' waves the attorney/client privilege in certain cases. I don't remember the scene in the show you are referring to, but I know that I can't walk in to an attorney's office and ask him how to launder money and request attorney client privilege. Soon as I ask him/her for advice on committing an illegal activity, I've basically waved my attorney-client privilege. However, talking about past criminal activity is allowed in attorney-client privilege.


That's essentially what Skyler did. She just confided in her divorce attorney. She didn't go in there and ask her how to get away with cooking meth. She was basically using her as a marriage counselor and just told her that she knows her husband is a cook. The attorney would be disbarred if she blabbed about it.
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