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how would they know unless they surveilled the lawyer's phone calls and emails, etc?
How would they justify that to a judge?
Perhaps you're right.
A cursory google search seems to indicate that although attorney-client privilege is very well established, the caveat is it does not cover the planning of crimes.
So, basically you could admit past guilt but cannot disclose future intention.....
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I recall they seized them from the lawyer. So it might be lawful if the lawyer is accused of knowingly helping him break the law?