This question should be answered using three IRAC structures. Please include all relevant key words in your answer.
Charlie hires a lawyer to represent him in his divorce. He sends an email to the lawyer stating, “Please prepare a financial statement for me, but omit my boats and my income from my rental property. My wife doesn’t know about those.” He also sends a second email stating, “I may need you to represent me in another case as well. I was driving home from work and hit a jogger who is threatening to sue me.” The lawyer reviews Charlie’s divorce case and notes the issues that require more legal research as well as potential strategies. The lawyer does not respond to Charlie’s second email. In divorce court, Charlie’s wife seeks disclosure of these emails and the lawyer’s notes.
Are the emails and notes privileged?
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Hint
To answer this question, you should think about and discuss the crime-fraud exception to the attorney client privilege, when the privilege exists, and the work-product doctrine.
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Financial Statement Email
Jogger Email
Lawyer's Notes
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