Attorney-client privilege

suspect goes to his attorney and confesses every detail of the crime. At trial, the defendant’s attorney is called to the witness stand to testify about the conversation between the attorney and the defendant. There is no doubt if this were to play out that the defendant would be convicted and spend a lifetime in prison. So the question exist, is there really a need for privileged communication? Even though society wants the entire truth when a crime is committed, it does not override the absolute need for privileged communication. In the United States, the legal system operates on the basic theory that what a person says can be used against him or her (Hails 2012). The exception…

the return as soon as he became aware; and (5) the client has a right to prevent disclosure of confidential communication, as well as an attorney having a responsibility to notify an opposing firm of reasonably determined privileged communication? BRIEF ANSWER Yes. This is due to the fact that reasonable precautions were taken by having the products liability team examine each document, and…

This case does not alter my decision because in this case of attorney-client privilege they were willing to make a deal to protect their client rather than present the truth (Siegel, Schmalleger, and Worrall, 2014). Many lawyers do not totally grasp the complexity of the attorney-client privilege, therefore they do not know and comprehend exactly which communications are protected and which are not (Marcum, 2015). With this being said lawyers can put themselves at risk for discipline and/or…

Evidentiary privileges shall be governed by the principles of the common law in the light of reason and experience. It is aimed to encourage full and frank communication between attorneys and their clients to promote public interest in the observance of law and administration of justice. Attorney-Client Privilege It is the Client’s right privilege to refuse to disclose or prevent others from disclosing confidential communications between the client and the attorney. Here, Carolyn (C) hires…

For attorneys to be able to do their jobs effectively they need complete access to all of their client’s information pertaining to the case being tried (Gaines & Miller, 2015, p. 155). As a result, the attorney client privilege was established. Attorney client privilege is a rule which states that any information given between the client and his or her attorney will be kept completely confidential (Gaines & Miller, 2015, p. 155). For example, a client informs his or her attorney that he or she…

Ethical Dilemmas of Defense Attorneys Defense attorneys have to face the ethical dilemma every day of whether or not to defend their client as well as whether or not to maintain that lawyer-client privilege. The lawyer-client privilege provides a security blanket for the client. Under this privilege, the client can almost tell the lawyer just about anything in confidence and not have to worry about the possible fear of being judged or incriminating themselves. A defense attorney serves as a…

~ Paralegals, AKA Legal Assistants, are an important part of a successful legal team. Duties given to the paralegal can include interviewing clients, conducting investigations, research, preparing documents, assisting during hearings, even "representing clients in some administrative hearings" (Goldman, 2017). In order to effectively carry out these duties, one must possess up to date and accurate technology knowledge. A lot of communication and research is done using current technology. A good…

Argument In the case of Swidler and Berlin v. United States, the government issued a subpoena to obtain the handwritten notes of attorney Hamilton that had been written during a meeting with his client, Vincent Foster. A few days later the client, Foster, committed suicide. The argument of the United States government was that because the client was deceased they could legally obtain the notes disregarding the attorney – client privilege. The Court ultimately decided that the notes could not…

Attorney Harris is a Criminal Defense Attorney who just started practicing a little over two years ago and she is now representing her most difficult client to date. This would be her first serial killer case, and it is definitely unsettling. Her client is charged with ten murders, but they have only found three of the bodies. As a part of attorney-client confidentiality, her client tells her where the other bodies are, but he does not say he is going to kill any others. Harris knows she…

shared residence. Legal proceedings were delayed multiple times due to concerns surrounding James White's mental health. As a Gulf War veteran receiving compensation for a nervous condition, James underwent a mental health evaluation directed by his appointed attorney, during which he disclosed confidential information to a social worker. The social worker, unable to provide a definitive diagnosis, suggested the possibility of Post Traumatic Stress Disorder or schizophrenia.…