What is the test for privilege when a client seeks legal advice for purposes of assisting in the commission of crime or fraud?

"[S]ince the privilege has the effect of withholding relevant information from the factfinder, it applies only where necessary to achieve its purpose." Fisher v. United States, 425 U.S. 391, 403 (1976). The privilege ceases to serve this purpose when a client "consults an attorney for advice that will serve him in the commission of a fraud..." Clark v. United States, 289 U.S. 1, 15 (1933). In Clark, the United States Supreme Court emphatically stated that a client who seeks legal advice for the commission of a crime or fraud "will have no help from the law. He must let the truth be told." Id.

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