People v. Radojcic and Helfand

This case presents question as to whether trial court, in prosecution on financial institution fraud and other crimes stemming from defendants' alleged submission of false information on real estate loan applications, properly struck from state's witness list co-defendant, who, as former attorney of another co-defendant, objected to giving any testimony concerning communications he had with former client based on attorney-client privilege. While trial court found that state failed to show that crime-fraud exception to attorney-client privilege had applied so as to permit such testimony, Appellate Court concluded that trial court had erred in failing to consider whether in camera review should have been done. Moreover, Appellate Court held that co-defendant/former attorney could be forced to disclose all of his communications with his former client since grand jury testimony of third-party would give reasonable person cause to suspect that former client used communications with his former attorney to advance former client's attempts to commit crimes or fraud.