THE LAWYER CLIENT PRIVILEDGE..........A REHASH 
Thursday, June 9, 2011, 11:27 AM
Posted by Administrator
Where to begin?

Steve____________ on the chairlift at Hunter Mountain Ski Area in slightly upstate N.Y.?

Steve was about to buy a restaurant with partners he'd gotten together at his job cooking lunch for investment bankers in Manhattan. As we rode up on the chairlift on cold winter day with snow from Hunter's fake-snow guns shooting into our faces, he said to me "...and they even showed me both sets of books." By "both sets" he meant that he'd seen the set of books the present owners, the restaurant's sellers, showed the IRS and did their taxes from AND the set that included the cash they took out of the business and put directly into their pockets...tax free.

Steve hadn't done anything wrong...yet. The two sets of books weren't his two sets of books BUT.. Why would he tell me about them? Because I am a a lawyer?

Here is the lawyer-client priviledge correctly (I hope) stated:

WHAT YOU TELL YOUR LAWYER ABOUT PAST STUFF YOU DID IS A SECRET THE LAWYER MUST TAKE TO HIS/HER GRAVE. WHAT YOU TELL YOUR LAWYER YOU ARE ABOUT TO DO IN THE FUTURE (for example, signing a false tax return or testifying in court to a fabricated story...OR applying for a bank loan based on false information) ISN'T PRIVILEDGED. THE LAWYER HAS TO DISCLOSE IT.

Past crimes=a secret.

Future crimes=not so much.

NOTE: The "Steve" referred to was never a client, the writer was never a NY lawyer (though he has been a NY skiier) and the incident happened 30 years ago.


NEXT UP ON THE LAWYER-CLIENT PRVILIEDGE: MY BUSBOY IS AN ILLEGAL ALIEN!
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