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Client asks Lawyer, "How can I move the company records so the subpoena team never finds them?" The communication is later sought in federal court. Client asserts attorney-client privilege.
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The communication is not protected if the client sought the lawyer's help to commit or cover up a future crime or fraud. The communication is never protected if the client previously committed any crime. The communication remains privileged even if the client asked the lawyer how to destroy subpoenaed records. The exception applies only to work product and never to attorney-client privilege.

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