Is the Attorney-Client Privilege
a Necessary Law?
The Attorney-Client Privilege is
a centuries old rule of law that prohibits an attorney from disclosing
information provided to him or her in confidence by a client.
Not only is the attorney-client
privilege a Rule of Evidence (meanin
g
that a lawyer cannot be required to testify about any confidential
information), but it is also an ethical standard that all lawyers
must follow. In order for the attorney-client privilege to apply,
the communication must be made in confidence by a client or potential
client and must be intended for the purpose of obtaining legal
advice. This privilege applies no matter how important or incriminating
information might be. There are important exceptions to this rule.
First, the rule does not apply if the client discloses information
about a future crime or fraud that he or she might commit (meaning
that a lawyer can be made to disclose information regarding a
future crime or fraud, however they are not required to volunteer
information directly unless asked to do so in a legal proceeding).
Second, a client can voluntarily waive their right to confidentiality,
thus allowing a lawyer to disclose confidential information. Third,
within the last few months, the governing board of the ABA (American
Bar Association) adopted a controversial new rule, allowing a
lawyer to disclose confidential information if they have strong
reason to believe that their client will commit substantial harm
to another person.
The ethical issues surrounding the
attorney-client privilege is whether a lawyer should be allowed
to keep information confidential in situations that let a guilty
person go free, allows an innocent person to be convicted, or
lets other illegal acts go untold. There are strong cases on both
sides of this argument, each side claiming that they are protecting
a moral and ethical obligation to society
Works Cited Page
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Leonard
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