What is the purpose of the crime-fraud exception to the attorney-client privilege?

• A. It broadens the privilege to include communications with third-party consultants.
• B. It requires a court order to review privileged communications in all cases.
• C. It permits disclosure in all civil contexts if fraud is suspected.
• D. If legal advice is sought or obtained to facilitate a crime or fraud, the privilege does not apply.

Answer: (D)

The crime-fraud exception is about ensuring that confidentiality does not shield wrongdoing. The basic idea is that attorney-client privilege promotes honest legal advice, but it does not protect communications if the client seeks or uses legal advice to plan, commit, or carry out a crime or fraud. When the legal services are sought specifically to facilitate illegal acts, the privilege does not apply to those communications, and they may be disclosed to prevent or rectify the wrongdoing. This is a narrow, targeted exception, not a broad rule that applies in every civil context or that requires a court order in all cases.

So the best description is that the privilege does not apply when legal advice is sought or obtained to facilitate a crime or fraud.