The second is the decision in McDermott v. McDermott[14] in which, during a trial, the husband brought a motion for production of documents over which the wife claimed solicitor and client privilege. After the trial commenced, the husband learned of email correspondence from the wife to her sister where she disclosed a plan to be undertaken by her lawyer to delay the trial by losing an application and then launching an appeal. The trial judge found that the emails were not protected by privilege because they met the future crimes exception. He found the emails to have significant probative value.
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