Drummond Co. v. Conrad & Scherer, LLP

C&S sought interlocutory review of the district court’s order concluding that the crime-fraud exception could defeat a law firm and its partner's assertions in discovery of attorney-client privilege and attorney work product protection. The Eleventh Circuit held that interlocutory review was appropriate to address only one aspect of the district court's order; vacated as improvidently granted the motion panel's order in part and elected not to exercise the court's discretion to review the question posed in that part: whether the district court erred in applying agency principles to conclude that C&S intended to commit a crime or fraud and created attorney work product or made communications in furtherance of the crime or fraud; declined to review this issue because it did not present a pure question of law suitable for review on an interlocutory basis under 28 U.S.C. 1292(b); and thus vacated the motion panel's earlier order in part and denied C&S's petition in part. The court held that the crime-fraud exception may defeat work product protection in this circumstance and thus affirmed the part of the district court's order determining that the crime-fraud exception could be applied in this case. View "Drummond Co. v. Conrad & Scherer, LLP" on Justia Law