United States Eighth Circuit

The crime-fraud exception applies to attorney work product. A client who has used his attorney's assistance to perpetrate a crime or fraud cannot assert the work product privilege as to any documents generated in furtherance of his misconduct. Also, an attorney who does not knowingly participate in the client's crime or fraud may assert the work product privilege as to his opinion work product.

Appellate Information

• Decided 07/06/2007
• Published 07/06/2007

Judges

• WOLLMAN, Circuit Judge., Before WOLLMAN, JOHN R. GIBSON, and MURPHY, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellees:
  
• Counsel who presented argument on behalf of the appellant/cross-appellee was Joseph T. Dixon III, AUSA, of Minneapolis, MN., Counsel who presented argument on behalf of Appellee/cross-appellant M.A. was Joseph G. Petrosinelli of Washington, D.C.   Counsel who presented oral argument on behalf of Appellee/cross-appellant S & H was David A. Vicinanzo of Manchester, NH.