Embezzlement

Three attorneys who previously represented former President Donald Trump have pleaded guilty in a racketeering indictment related to election tampering in Georgia. The attorneys, Sidney Powell, Kenneth Chesebro, and Jenna Ellis, have agreed to testify against other defendants, including Trump, as part of their plea deals. The development raises questions about client-attorney privilege and its implications in the case.

Client-attorney privilege protects confidential communications between a lawyer and client for the purpose of obtaining or providing legal advice. However, exceptions to the privilege exist, such as the crime-fraud exception, which applies if the client seeks legal advice to commit a crime or fraud. Waiver is another exception, occurring when the client fails to object to testimony involving privileged communication. The self-defense exception applies in disputes between the lawyer and client or if the lawyer is accused of wrongdoing by someone other than the client.

Flipping on a client is uncommon and usually happens when both the lawyer and client face criminal charges for the same or related activity. In high-profile cases, lawyers often choose to fight the charges rather than cooperate against their clients. The Georgia case is unusual, and the plea deals of the three attorneys may have disciplinary consequences. It remains unclear how the privilege will limit their testimony, as the exceptions have certain limits.

Former President Trump may argue that the lawyers’ testimony is no longer necessary for their self-defense since they have entered plea bargains. However, the plea deals include promises of cooperation. The article does not provide a professional opinion about the Georgia case.