In re Marriage of Stinauer

Illinois Appellate Court
Civil Court
Attorney-Client Privilege
Citation
Case Number: 
2021 IL App (3d) 190692
Decision Date: 
Tuesday, February 16, 2021
District: 
3d Dist.
Division/County: 
Fulton Co.
Holding: 
Reversed and remanded.
Justice: 
LYTTON

One year after judgment of dissolution was entered, wife filed petition to vacate judgment and order for support, alleging that husband had misrepresented his income during dissolution proceedings. Wife attached to the petition an e-mail from husband's counsel to husband discussing husband's gross income. Wife sufficiently alleged that the crime-fraud exception to the attorney-client privilege applies to the e-mail correspondence. Court should have held an evidentiary hearing on the matter. On remand, wife bears the burden of proving that the exception applies; and court should consider whether husband waived the attorney-client privilege by giving his cell phone containing the attorney-client communication to their minor child. (HOLDRIDGE and O'BRIEN, concurring.)