Re:USA v David Correia: Devices sent from client to attorney...
by gamblor956 on Wednesday June 24, 2020 @11:26AM
(#23628974)
The line is definitely on the side of something needing to be least be in the form of a communication...
But that itself isn't enough. The privilege only protects the communication related to selling or providing legal advice, it doesn't blindly apply to every communication with a lawyer (though that is the presumption the police must overcome). Documents created in the commission of a crime (from planning to execution to coverup) are evidence and therefore would not be protected and moreover your attorney would be legally obligated to turn them over to the police.
But that itself isn't enough. The privilege only protects the communication related to selling or providing legal advice, it doesn't blindly apply to every communication with a lawyer (though that is the presumption the police must overcome). Documents created in the commission of a crime (from planning to execution to coverup) are evidence and therefore would not be protected and moreover your attorney would be legally obligated to turn them over to the police.
There are only 100+ years of case law on this...