This decision addresses the admissibility of evidence and the applicability of solicitor-client privilege in the context of a Gardiner hearing at sentencing for fraud.
The accused, Stephenie Chevis, pleaded guilty to fraud involving misappropriation of funds from a law firm's trust and general accounts.
The court considered whether evidence relating to certain transactions involving other clients of the law firm, potentially protected by solicitor-client privilege, could be admitted.
The judge analyzed the scope of privilege, distinguishing between protected communications and public legal instruments such as wills and mortgages once acted upon.
The court also considered the "innocence at stake" exception to privilege but found no need to pierce privilege at this stage, as the accused was not seeking to elicit privileged communications.
