on the other hand discussions of future or pending crimes MAY be subject to the criminal-fraud exception to attorney client privilege
http://repository.law.miami.edu/cgi/viewcontent.cgi?article=1850&context=umlr
I guess I don’t know what a “pending” crime it. I thought it was something where the criminal is still engaging in the crime. So if you have a fraudulent business, you are still engaging in that fraud while speaking with your attorney, it is a pending crime. Or if you kidnapped someone and they are still being held, that is a pending crime.
But if you defrauded the FISA court 3 years ago, or lied to the FBI 2 years ago, that would be a past crime, not a pending crime. Still a crime, but one where you could claim attorney-client privilege because it is in the past.
All very confusing for me.