Lawyers are allowed to give confidential advice?

"...there are serious implications for the practice of law generated by this prosecution. Lawyers can never assist a client in the commission of a crime or a fraud, and that's well established. Lawyers do not get a free pass to commit crimes.

...

"However, a lawyer should never fear prosecution because of advice that he or she has given to a client who consults him or her, and a client should never fear
24 that its confidences will be divulged unless its purpose in consulting the lawyer was for the purpose of committing a crime or a fraud.

"There is an enormous potential for abuse in allowing prosecution of an attorney for the giving of legal advice. I conclude that the defendant in this case should never have been prosecuted and she should be permitted to resume her career.

"The institutional problem that causes me a great concern is that while lawyers should not get a free pass, the Court should be vigilant to permit the practice of law to be carried on, to be engaged in, and to allow lawyers to do their job of zealously representing the interests of their client. Anything that interferes with that is something that the court system should not countenance."

That was Judge Titus in the District of Maryland kicking the criminal case against attorney Lauren Stevens at the Rule 29 stage. Great win for the defense. The oral pronouncement has a good discussion regarding the crime-fraud exception to the attorney-client privilege.

David is reporting that Judge Jordan may be up for the Eleventh. I am personally happy for him because no judge is more deserving and will better serve the people of this Circuit. That being said, for entirely selfish reasons, I hope he stays here with us.