In New Jersey the rule is found in N.J.S. 2A 84A-20. Paragraph 2 makes clear that it does not apply where the communication is obtained in the course of legal services sought in aid of commission of a crime or a fraud. Hence, where an attorney who is representing a parent on child abuse learns, in whatever manner, that the pursuit of the client's objective to maintain parental control will probably constitute fraud on the court in misrepresenting the parent's continuing fitness, the privilege cannot apply. Where the facts disclose a continuing propensity to unfitness, the analogy to fraud is clear. The attorney-client privilege should be sparingly applied.
Attorneys are in the profession of law - justice is the guiding light.
A narrow application of the policy may bring more clients to attorneys but it will hardly enhance bases for law and order. In that opinion we referred to 8 Wigmore , Evidence sec. A reading of that material and sec . Wigmore points out in sec . In our Opinion 116, supra, we said that the privilege does not apply to continuing crimes or crimes to be committed.