Friday, January 28, 2022

Taxpayer Proved That She Used Son's Email Account To Correspond with Her Attorney and Therefore Privilege Continues

On January 25, 2022 we posted 3rd Party Family Members Vitiate Privilege, where we discussed that in the case of U.S. v. Barbara Fairbank, the US government has requesting a Florida federal court to compel a woman in a $554,000 foreign bank account reporting violations case to produce emails sent between her attorneys and her son because they aren't protected communications.

Emails between Barbara Fairbank's attorneys and the son, Keith Hagaman, aren't eligible for attorney-client privilege because Hagaman is a third party desirous of remaining neutral who wasn't proved to be an agent either of his mother or her attorneys, the government told the court Thursday.

However the government has withdrawn its motion to compel the emails after reviewing Barbara Fairbank's response and confirming the nature of the documents. 

Fairbank said that she used the son's account because she was visiting California and did not have access to her own email.

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