In which scenario would attorney-client privilege not apply?

The scenario where attorney-client privilege does not apply is when the communication between the lawyer and the client facilitates a crime or fraud. This principle is grounded in the belief that the legal system should not protect communications that are intended to promote illegal activities. The attorney-client privilege is designed to encourage open and honest communication between clients and their lawyers, but when the purpose of that communication is to enable future wrongdoing, the privilege is no longer applicable.

In cases of facilitating a crime or fraud, the law generally allows attorneys to disclose such communications to prevent the crime or to rectify the consequences of the criminal behavior. This reflects a public policy interest in discouraging unlawful acts, reinforcing that the privilege cannot be a shield for illicit conduct.

Other scenarios, such as multiple clients being represented, the client being deceased, or the lawyer being unlicensed, do not inherently eliminate the privilege. For instance, in the case of multiple clients, the privilege can still apply, although there could be complexities related to conflicts of interest. When a client passes away, the privilege may still be valid and may even extend to the client's estate or personal representative. Lastly, an unlicensed lawyer’s provision of legal advice could raise ethical issues, but it does not automatically negate the application of the privilege regarding