A defendant is on trial for tax evasion. The prosecutor, seeking to establish the defendant's income by showing his expenditures, has asked the defendant's attorney to produce records showing only how much the defendant had paid his attorney in fees. Should the demand for the attorney's fee records be upheld

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22-07-2022
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A defendant is on trial for tax evasion. The prosecutor, seeking to establish the defendant's income by showing his expenditures, has asked the defendant's attorney to produce records showing only how much the defendant had paid his attorney in fees. Should the demand for the attorney's fee records be upheld

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chibuikeumeh chibuikeumeh · Answer 1 · 2022-07-29T19:52:40+02:00

Yes, the demand for the attorney's fee record should be upheld because it calls for relevant information, not within the attorney-client privilege. (Evidence-Privileges and Other Policy Exclusions)

Who is the defendant?

This is known to be a person complained against in a case, and accused of a crime.

Who is a prosecutor?

This is an attorney, mostly a government attorney who charges and tries cases against individuals accused of crime.

Hence, evidence privilege is information that is relevant to the issue at trial, but is protected from being introduced or compelled by the opposing party.

Usually the reason for this protection relates to public policy, such as protecting the trust between spouses or the privacy of a patient consulting their doctor.