Purcell v. District Attorney
Supreme Judicial Court of Massachusetts
424 Mass. 109 (1997)
Joseph Tyree told his attorney, Jeffrey Purcell (plaintiff), during a consultation about an eviction order that he might burn down his apartment building; Purcell reported the threat to police as his disciplinary rules permitted, leading to Tyree's arrest for attempted arson after officers found fire-starting materials in his apartment. At Tyree's first trial (which ended in mistrial), the court quashed a subpoena for Purcell's testimony about the conversation, but at the second trial the judge found the conversation unprivileged and ordered Purcell to testify; Purcell appealed the denial of his motion to quash.
Whether the crime-fraud exception to the attorney-client privilege applies to a threat made by a client, absent evidence that the client informed the attorney of his intention to commit the crime for the purpose of obtaining legal advice or assistance in furthering that crime.