Garcia v. Holdsworth (In re Holdsworth)

ORDER AND MEMORANDUM OPINION ON APPLICABILITY OF CRIME-FRAUD EXCEPTION

MICHAEL G. WILLIAMSON, Bankruptcy Judge.

The Defendants seek discovery of communications between the Plaintiff and her attorneys relating to a state court wrongful death settlement. The Plaintiff, naturally, claims those communications are protected from disclosure under the attorney-client and work product privileges. The Defendants, however, have invoked the crime-fraud exception to these privileges. The question before the court is whether the Defendants have presented a prima facie case that the crime-fraud exception…