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Lowrys

Member
Oct 25, 2017
12,441
London
McCann indicates at least 'some amount' of uncertainty ("...Expect a vigorous debate..."), and the Law Review article I found seems to indicate a 'good amount' of uncertainty ("...Based on the current ethics rules and opinions, discussed in Part I [pages 1823-1834], and the current body of case law, discussed in Part II [pages 1834-1838], it is anything but clear how a court would rule..."), but I haven't looked too deeply into this, so I'm sure I'm missing something/a whole lot.

I would definitely be curious what you think of the claims in these two sources, if you have a chance to skim or read; or perhaps you actually did read them already, in which case your opinion would remain as indicated in the above-quoted posts.


Aside from something like the 'futility principle' specified in the excerpt from the Law Review article above ("...then the court should deem that the privilege is extinguished under a futility principle..."), some specification of what Michael McCann mentions as one of the likely assertions of Mayorga's attorneys ("...Mayorga might assert that the crime-fraud exception [to attorney-client privilege] applies since, in her view, Ronaldo had orchestrated a cover-up of a crime...") is contained in the 32-page Civil Lawsuit 'Complaint' document (for example on page 18/32 under 'Third Cause of Action: Coercion and Fraud', and on page 22/32 under 'Fifth Cause of Action: Racketeering and Civil Conspiracy').
Thanks, these were interesting reading. As noted, I'm not a US lawyer, only here in the UK.

As to the "fraud" argument - which is that the document should be admissible because it is part of the cover up of a crime: Clients are, of course, entitled to tell their attorney that they are guilty of the crime in question, and that information is privileged, and the attorney can go about defending them in the normal way, subject to perjury etc. (so, the attorney in that instance cannot lie to the court about his client's innocence). And Ronaldo was, of course, entitled to settle this matter by agreement with the alleged victim.

If the document in question is a genuine questionnaire used by Ronaldo's lawyers to ascertain his account of what happened that night, and he does admit to what would constitute a crime, that alone won't be enough, as I understand it. There would need to be something more. The document would need itself to be used in furtherance of a crime, and I can't see how that would be the case here.

As to the "hacking" argument: I obviously haven't read the authorities in question, but this is one of those cases where technology and "new" social behaviour (hacking) has outpaced case law and, perhaps, legislators. But hacking is simply a modern form of theft, and I find it very hard to believe that a document would lose its privilege simply because a third party has stolen and published it, through no fault of the client or their attorney. If it were otherwise, one could easily imagine an underground cottage industry of hackers targeting law firms and selling/publishing stolen material.
 

Deleted member 16452

User requested account closure
Banned
Oct 27, 2017
7,276
Its so upsetting to me that this rapist is gonna walk free of consequences, protected by the sport and culture.

I will for sure never forget this and bring it up always, won't let his fans easily ignore this.