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.)
Illinois Appellate Court
Civil Court
Attorney-Client Privilege