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Professional Responsibility Keyed to Gillers
Simpson v. James
Citation:
903 F.2d 372 (1990)Facts
John Simpson consulted with attorney William James regarding potential criminal charges related to financial fraud. During their consultations, Simpson allegedly disclosed information about ongoing fraudulent activities and sought advice on how to continue these activities while minimizing legal risk. After their attorney-client relationship ended, James was subpoenaed to testify in a federal criminal proceeding against Simpson. The prosecution argued that the crime-fraud exception applied because Simpson had consulted James with the intention of furthering his fraudulent scheme. Simpson filed a motion to quash the subpoena, arguing that his communications with James were protected by attorney-client privilege.
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