crime-fraud exception in Maryland

2011In that case, the Court of Appeals held that a crime-fraud exception applies to attorney-client communications and would “exempt communications seeking advice or aid in furtherance of a crime or fraud, from the protection of the attorney-client privilege.” Id. at 309 , 863 A.2d 321 .

2011In that case, the Court of Appeals held that a crime-fraud exception applies to attorney-client communications and would “exempt communications seeking advice or aid in furtherance of a crime or fraud, from the protection of the attorney-client privilege.” Id. at 309 , 863 A.2d 321 .

2004To subject the attorney-client communications to disclosure, they must actually have been made with an intent to further an unlawful act."); In re Murphy, 560 F.2d 326, 338 (8th Cir.1977) (same); In re Grand Jury Investigation, 842 F.2d 1223, 1226 (11th Cir.1987) (same); In re International Systems & Controls Corporation Securities Litigation, 693 F.2d 1235 , 1242 (5th Cir.1982) (same); State v. Madden, 215 W.Va. 705 , 601 S.E.2d 25, 37 (2004) ("The crime-fraud exception comes into play when a prospective client seeks the assistance of an attorney in order to commit a crime or perpetrate a fra

2004To subject the attorney-client communications to disclosure, they must actually have been made with an intent to further an unlawful act.”); In re Murphy, 560 F.2d 326, 338 (8th Cir.1977) (same); In re Grand Jury Investigation, 842 F.2d 1223, 1226 (11th Cir.1987) (same); In re International Systems & Controls Corporation Securities Litigation, 693 F.2d 1235 , 1242 (5th Cir.1982) (same); State v. Madden, 215 W.Va. 705 , 601 S.E.2d 25, 37 (2004) (“The crime-fraud exception comes into play when a prospective client seeks the assistance of an attorney in order to commit a crime or perpetrate a fra

2004See e.g., In re Richard Roe, 168 F.3d 69, 71-72 (1999) (stating that the use of an attorney's services must be in furtherance of a crime or fraud for the exception to apply); United States v. Chen, 99 F.3d 1495, 1503 (9th Cir.1996) (same); Haines v. Liggett Group Inc., 975 F.2d 81, 90 (3d Cir.1992) (same); United States v. White, 887 F.2d 267, 271 (D.C.Cir.1989) ("It does not suffice that the communications may be related to a crime.

2004See e.g., In re Richard Roe, 168 F.3d 69, 71-72 (1999) (stating that the use of an attorney’s services must be in furtherance of a crime or fraud for the exception to apply); United States v. Chen, 99 F.3d 1495, 1503 (9th Cir.1996) (same); Haines v. Liggett Group Inc., 975 F.2d 81, 90 (3d Cir.1992) (same); United States v. White, 887 F.2d 267, 271 (D.C.Cir.1989) (“It does not suffice that the communications may be related to a crime.

2004The attorney's services must be sought or used to further the activity in question."); Kleinfeld v. State, 568 So.2d 937, 939-40 (Fla.Dist.Ct.App.1990) (stating that Florida's crime-fraud exception required the client to seek the attorney's assistance in furthering the crime or fraud); In the Matter of Nackson, 114 N.J. 527 , 555 A.2d 1101, 1105 (1989) (observing that the crime-fraud exception only applied where the client consulted with the attorney to obtain aid in the commission of a crime, to enable the client to avoid criminal prosecution, or to avoid lawful service of process); People v.

2004The attorney’s services must be sought or used to further the activity in question.”); Kleinfeld, v. State, 568 So.2d 937, 939-40 (Fla.Dist.Ct.App.1990) (stating that Florida’s crime-fraud exception required the client to seek the attorney’s assistance in furthering the crime or fraud); In the Matter of Nackson, 114 N.J. 527 , 555 A.2d 1101, 1105 (1989) (observing that the crime-fraud exception only applied where the client consulted with the attorney to obtain aid in the commission of a crime, to enable the client to avoid criminal prosecution, or to avoid lawful service of process); People v

2004In interpreting Federal Rule of Evidence 104(a), upon which Maryland Rule 5-104(a) is based, the United States Supreme Court stated in Zolin that an in camera review to determine whether the attorney-client privilege and/or the crime-fraud exception applied was permissible under Federal Rule of Evidence 104(a). 491 U.S. at 569 , 109 S.Ct. at 2624 , 105 L.Ed.2d at 482 .

2004In interpreting Federal Rule of Evidence 104(a), upon which Maryland Rule 5-104(a) is based, the United States Supreme Court stated in Zolin that an in camera review to determine whether the attorney-client privilege and/or the crime-fraud exception applied was permissible under Federal Rule of Evidence 104(a). 491 U.S. at 569 , 109 S.Ct. at 2624 , 105 L.Ed.2d at 482 .

2004The attorney’s services must be sought or used to further the activity in question.”); Kleinfeld, v. State, 568 So.2d 937, 939-40 (Fla.Dist.Ct.App.1990) (stating that Florida’s crime-fraud exception required the client to seek the attorney’s assistance in furthering the crime or fraud); In the Matter of Nackson, 114 N.J. 527 , 555 A.2d 1101, 1105 (1989) (observing that the crime-fraud exception only applied where the client consulted with the attorney to obtain aid in the commission of a crime, to enable the client to avoid criminal prosecution, or to avoid lawful service of process); People v

2004The attorney’s services must be sought or used to further the activity in question.”); Kleinfeld, v. State, 568 So.2d 937, 939-40 (Fla.Dist.Ct.App.1990) (stating that Florida’s crime-fraud exception required the client to seek the attorney’s assistance in furthering the crime or fraud); In the Matter of Nackson, 114 N.J. 527 , 555 A.2d 1101, 1105 (1989) (observing that the crime-fraud exception only applied where the client consulted with the attorney to obtain aid in the commission of a crime, to enable the client to avoid criminal prosecution, or to avoid lawful service of process); People v

2004Newman urges this Court to adopt the interpretation of the scope of the crime-fraud exception 4 set forth by the District of Columbia Court of Appeals in In re Public Defender Service, 831 A.2d 890 (D.C.2003), that the exception applies only when the communications to the attorney are intended by the client to directly advance criminal or fraudulent activities with the attorney’s assistance.

2004To subject the attorney-client communications to disclosure, they must actually have been made with an intent to further an unlawful act.”); In re Murphy, 560 F.2d 326, 338 (8th Cir.1977) (same); In re Grand Jury Investigation, 842 F.2d 1223, 1226 (11th Cir.1987) (same); In re International Systems & Controls Corporation Securities Litigation, 693 F.2d 1235 , 1242 (5th Cir.1982) (same); State v. Madden, 215 W.Va. 705 , 601 S.E.2d 25, 37 (2004) (“The crime-fraud exception comes into play when a prospective client seeks the assistance of an attorney in order to commit a crime or perpetrate a fra

2004To subject the attorney-client communications to disclosure, they must actually have been made with an intent to further an unlawful act."); In re Murphy, 560 F.2d 326, 338 (8th Cir.1977) (same); In re Grand Jury Investigation, 842 F.2d 1223, 1226 (11th Cir.1987) (same); In re International Systems & Controls Corporation Securities Litigation, 693 F.2d 1235 , 1242 (5th Cir.1982) (same); State v. Madden, 215 W.Va. 705 , 601 S.E.2d 25, 37 (2004) ("The crime-fraud exception comes into play when a prospective client seeks the assistance of an attorney in order to commit a crime or perpetrate a fra

2004To subject the attorney-client communications to disclosure, they must actually have been made with an intent to further an unlawful act.”); In re Murphy, 560 F.2d 326, 338 (8th Cir.1977) (same); In re Grand Jury Investigation, 842 F.2d 1223, 1226 (11th Cir.1987) (same); In re International Systems & Controls Corporation Securities Litigation, 693 F.2d 1235 , 1242 (5th Cir.1982) (same); State v. Madden, 215 W.Va. 705 , 601 S.E.2d 25, 37 (2004) (“The crime-fraud exception comes into play when a prospective client seeks the assistance of an attorney in order to commit a crime or perpetrate a fra

2004To subject the attorney-client communications to disclosure, they must actually have been made with an intent to further an unlawful act."); In re Murphy, 560 F.2d 326, 338 (8th Cir.1977) (same); In re Grand Jury Investigation, 842 F.2d 1223, 1226 (11th Cir.1987) (same); In re International Systems & Controls Corporation Securities Litigation, 693 F.2d 1235 , 1242 (5th Cir.1982) (same); State v. Madden, 215 W.Va. 705 , 601 S.E.2d 25, 37 (2004) ("The crime-fraud exception comes into play when a prospective client seeks the assistance of an attorney in order to commit a crime or perpetrate a fra

2004To subject the attorney-client communications to disclosure, they must actually have been made with an intent to further an unlawful act.”); In re Murphy, 560 F.2d 326, 338 (8th Cir.1977) (same); In re Grand Jury Investigation, 842 F.2d 1223, 1226 (11th Cir.1987) (same); In re International Systems & Controls Corporation Securities Litigation, 693 F.2d 1235 , 1242 (5th Cir.1982) (same); State v. Madden, 215 W.Va. 705 , 601 S.E.2d 25, 37 (2004) (“The crime-fraud exception comes into play when a prospective client seeks the assistance of an attorney in order to commit a crime or perpetrate a fra

2004The attorney’s services must be sought or used to further the activity in question.”); Kleinfeld, v. State, 568 So.2d 937, 939-40 (Fla.Dist.Ct.App.1990) (stating that Florida’s crime-fraud exception required the client to seek the attorney’s assistance in furthering the crime or fraud); In the Matter of Nackson, 114 N.J. 527 , 555 A.2d 1101, 1105 (1989) (observing that the crime-fraud exception only applied where the client consulted with the attorney to obtain aid in the commission of a crime, to enable the client to avoid criminal prosecution, or to avoid lawful service of process); People v

2004The attorney’s services must be sought or used to further the activity in question.”); Kleinfeld, v. State, 568 So.2d 937, 939-40 (Fla.Dist.Ct.App.1990) (stating that Florida’s crime-fraud exception required the client to seek the attorney’s assistance in furthering the crime or fraud); In the Matter of Nackson, 114 N.J. 527 , 555 A.2d 1101, 1105 (1989) (observing that the crime-fraud exception only applied where the client consulted with the attorney to obtain aid in the commission of a crime, to enable the client to avoid criminal prosecution, or to avoid lawful service of process); People v

2004See e.g., In re Richard Roe, 168 F.3d 69, 71-72 (1999) (stating that the use of an attorney's services must be in furtherance of a crime or fraud for the exception to apply); United States v. Chen, 99 F.3d 1495, 1503 (9th Cir.1996) (same); Haines v. Liggett Group Inc., 975 F.2d 81, 90 (3d Cir.1992) (same); United States v. White, 887 F.2d 267, 271 (D.C.Cir.1989) ("It does not suffice that the communications may be related to a crime.

2004See e.g., In re Richard Roe, 168 F.3d 69, 71-72 (1999) (stating that the use of an attorney’s services must be in furtherance of a crime or fraud for the exception to apply); United States v. Chen, 99 F.3d 1495, 1503 (9th Cir.1996) (same); Haines v. Liggett Group Inc., 975 F.2d 81, 90 (3d Cir.1992) (same); United States v. White, 887 F.2d 267, 271 (D.C.Cir.1989) (“It does not suffice that the communications may be related to a crime.

2004See e.g., In re Richard Roe, 168 F.3d 69, 71-72 (1999) (stating that the use of an attorney's services must be in furtherance of a crime or fraud for the exception to apply); United States v. Chen, 99 F.3d 1495, 1503 (9th Cir.1996) (same); Haines v. Liggett Group Inc., 975 F.2d 81, 90 (3d Cir.1992) (same); United States v. White, 887 F.2d 267, 271 (D.C.Cir.1989) ("It does not suffice that the communications may be related to a crime.

2004See e.g., In re Richard Roe, 168 F.3d 69, 71-72 (1999) (stating that the use of an attorney’s services must be in furtherance of a crime or fraud for the exception to apply); United States v. Chen, 99 F.3d 1495, 1503 (9th Cir.1996) (same); Haines v. Liggett Group Inc., 975 F.2d 81, 90 (3d Cir.1992) (same); United States v. White, 887 F.2d 267, 271 (D.C.Cir.1989) (“It does not suffice that the communications may be related to a crime.

2004See e.g., In re Richard Roe, 168 F.3d 69, 71-72 (1999) (stating that the use of an attorney's services must be in furtherance of a crime or fraud for the exception to apply); United States v. Chen, 99 F.3d 1495, 1503 (9th Cir.1996) (same); Haines v. Liggett Group Inc., 975 F.2d 81, 90 (3d Cir.1992) (same); United States v. White, 887 F.2d 267, 271 (D.C.Cir.1989) ("It does not suffice that the communications may be related to a crime.

2004See e.g., In re Richard Roe, 168 F.3d 69, 71-72 (1999) (stating that the use of an attorney’s services must be in furtherance of a crime or fraud for the exception to apply); United States v. Chen, 99 F.3d 1495, 1503 (9th Cir.1996) (same); Haines v. Liggett Group Inc., 975 F.2d 81, 90 (3d Cir.1992) (same); United States v. White, 887 F.2d 267, 271 (D.C.Cir.1989) (“It does not suffice that the communications may be related to a crime.

2004To subject the attorney-client communications to disclosure, they must actually have been made with an intent to further an unlawful act."); In re Murphy, 560 F.2d 326, 338 (8th Cir.1977) (same); In re Grand Jury Investigation, 842 F.2d 1223, 1226 (11th Cir.1987) (same); In re International Systems & Controls Corporation Securities Litigation, 693 F.2d 1235 , 1242 (5th Cir.1982) (same); State v. Madden, 215 W.Va. 705 , 601 S.E.2d 25, 37 (2004) ("The crime-fraud exception comes into play when a prospective client seeks the assistance of an attorney in order to commit a crime or perpetrate a fra

2004To subject the attorney-client communications to disclosure, they must actually have been made with an intent to further an unlawful act.”); In re Murphy, 560 F.2d 326, 338 (8th Cir.1977) (same); In re Grand Jury Investigation, 842 F.2d 1223, 1226 (11th Cir.1987) (same); In re International Systems & Controls Corporation Securities Litigation, 693 F.2d 1235 , 1242 (5th Cir.1982) (same); State v. Madden, 215 W.Va. 705 , 601 S.E.2d 25, 37 (2004) (“The crime-fraud exception comes into play when a prospective client seeks the assistance of an attorney in order to commit a crime or perpetrate a fra

2004The attorney’s services must be sought or used to further the activity in question.”); Kleinfeld, v. State, 568 So.2d 937, 939-40 (Fla.Dist.Ct.App.1990) (stating that Florida’s crime-fraud exception required the client to seek the attorney’s assistance in furthering the crime or fraud); In the Matter of Nackson, 114 N.J. 527 , 555 A.2d 1101, 1105 (1989) (observing that the crime-fraud exception only applied where the client consulted with the attorney to obtain aid in the commission of a crime, to enable the client to avoid criminal prosecution, or to avoid lawful service of process); People v

2004The attorney’s services must be sought or used to further the activity in question.”); Kleinfeld, v. State, 568 So.2d 937, 939-40 (Fla.Dist.Ct.App.1990) (stating that Florida’s crime-fraud exception required the client to seek the attorney’s assistance in furthering the crime or fraud); In the Matter of Nackson, 114 N.J. 527 , 555 A.2d 1101, 1105 (1989) (observing that the crime-fraud exception only applied where the client consulted with the attorney to obtain aid in the commission of a crime, to enable the client to avoid criminal prosecution, or to avoid lawful service of process); People v

2004To subject the attorney-client communications to disclosure, they must actually have been made with an intent to further an unlawful act.”); In re Murphy, 560 F.2d 326, 338 (8th Cir.1977) (same); In re Grand Jury Investigation, 842 F.2d 1223, 1226 (11th Cir.1987) (same); In re International Systems & Controls Corporation Securities Litigation, 693 F.2d 1235 , 1242 (5th Cir.1982) (same); State v. Madden, 215 W.Va. 705 , 601 S.E.2d 25, 37 (2004) (“The crime-fraud exception comes into play when a prospective client seeks the assistance of an attorney in order to commit a crime or perpetrate a fra

2004To subject the attorney-client communications to disclosure, they must actually have been made with an intent to further an unlawful act.”); In re Murphy, 560 F.2d 326, 338 (8th Cir.1977) (same); In re Grand Jury Investigation, 842 F.2d 1223, 1226 (11th Cir.1987) (same); In re International Systems & Controls Corporation Securities Litigation, 693 F.2d 1235 , 1242 (5th Cir.1982) (same); State v. Madden, 215 W.Va. 705 , 601 S.E.2d 25, 37 (2004) (“The crime-fraud exception comes into play when a prospective client seeks the assistance of an attorney in order to commit a crime or perpetrate a fra

2004To subject the attorney-client communications to disclosure, they must actually have been made with an intent to further an unlawful act.”); In re Murphy, 560 F.2d 326, 338 (8th Cir.1977) (same); In re Grand Jury Investigation, 842 F.2d 1223, 1226 (11th Cir.1987) (same); In re International Systems & Controls Corporation Securities Litigation, 693 F.2d 1235 , 1242 (5th Cir.1982) (same); State v. Madden, 215 W.Va. 705 , 601 S.E.2d 25, 37 (2004) (“The crime-fraud exception comes into play when a prospective client seeks the assistance of an attorney in order to commit a crime or perpetrate a fra

2004To subject the attorney-client communications to disclosure, they must actually have been made with an intent to further an unlawful act.”); In re Murphy, 560 F.2d 326, 338 (8th Cir.1977) (same); In re Grand Jury Investigation, 842 F.2d 1223, 1226 (11th Cir.1987) (same); In re International Systems & Controls Corporation Securities Litigation, 693 F.2d 1235 , 1242 (5th Cir.1982) (same); State v. Madden, 215 W.Va. 705 , 601 S.E.2d 25, 37 (2004) (“The crime-fraud exception comes into play when a prospective client seeks the assistance of an attorney in order to commit a crime or perpetrate a fra

2003See Clark v. United States, 289 U.S. 1 , 53 S.Ct. 465 , 77 L.Ed. 993 (1933);In re Grand Jury Proceedings, 33 F.3d 342, 348 (4th Cir.l994)(“The crime fraud exception to the attorney-client privilege provides *45 that a client’s communications with an attorney wall not be privileged if made for the purpose of committing or furthering a crime or fraud.”)(quoting In re Grand Jury Subpoena, 884 F.2d 124, 127 (4th Cir.1989)); Carter v. Maryland, 149 Md.

2003See Clark v. United States, 289 U.S. 1 , 53 S.Ct. 465 , 77 L.Ed. 993 (1933);In re Grand Jury Proceedings, 33 F.3d 342, 348 (4th Cir.l994)(“The crime fraud exception to the attorney-client privilege provides *45 that a client’s communications with an attorney wall not be privileged if made for the purpose of committing or furthering a crime or fraud.”)(quoting In re Grand Jury Subpoena, 884 F.2d 124, 127 (4th Cir.1989)); Carter v. Maryland, 149 Md.

2003See Clark v. United States, 289 U.S. 1 , 53 S.Ct. 465 , 77 L.Ed. 993 (1933);In re Grand Jury Proceedings, 33 F.3d 342, 348 (4th Cir.l994)(“The crime fraud exception to the attorney-client privilege provides *45 that a client’s communications with an attorney wall not be privileged if made for the purpose of committing or furthering a crime or fraud.”)(quoting In re Grand Jury Subpoena, 884 F.2d 124, 127 (4th Cir.1989)); Carter v. Maryland, 149 Md.

2003See Clark v. United States, 289 U.S. 1 , 53 S.Ct. 465 , 77 L.Ed. 993 (1933);In re Grand Jury Proceedings, 33 F.3d 342, 348 (4th Cir.l994)(“The crime fraud exception to the attorney-client privilege provides *45 that a client’s communications with an attorney wall not be privileged if made for the purpose of committing or furthering a crime or fraud.”)(quoting In re Grand Jury Subpoena, 884 F.2d 124, 127 (4th Cir.1989)); Carter v. Maryland, 149 Md.