The Ninth Circuit held that when a party in a civil case (as distinct from a grand jury proceeding) seeks outright disclosure (as distinct from in camera review) of attorney-client communications based on the crime-fraud exception, the court must allow both the party seeking discovery of the communications and the party asserting the privilege to present relevant evidence. The court also must decide the matter based on a preponderance standard under which the burden of proof is to be on the party seeking to vitiate the privilege.