Attorney Client Privileges

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Dilemmas within Attorney Client Privileges Quamere Rooks Saint Leo University Abstract The most basic principle underlying the lawyer-client relationship is that lawyer-client communications are privileged, or confidential. This means that lawyers cannot reveal clients’ oral or written statements to anyone, including prosecutors, employers, friends, or family members, without their clients’ consent. It doesn’t matter whether defendants confess their guilt or insist on their innocence, attorney-client communications are confidential. Both court-appointed lawyers and private defense attorneys are equally bound to maintain client confidences. This paper addresses the issues that attorneys could possibly face involving the …show more content…

The American Bar Association officially endorses the theory that “preserving client confidences ordinarily serves the public interest because people are more likely to seek legal advice, and thereby heed their legal obligations, when they know their communications will be private” (Asociation, 2015). Confidentiality is highly valued in the legal system through the courts’ acknowledgment of privileged communications between attorney and client. This means that an individual cannot be forced to testify on any information exchanged during these communications. Confidential information is to remain confidential throughout the representation, and thereafter, even after the death of the client. Along with the basic principle of maintaining the privacy of client information, a key principle of ethically maintaining confidentiality is that the information not be used to the detriment of the client, but rather only to advance the client’s interests. Even information gained about the client after the representation has concluded is to be kept confidential. With this privilege allowing individuals to basically conceal certain facts, it is important to understand the circumstances under which this can be …show more content…

As a result of the ethical requirement that a lawyer must always zealously represent a client's goals, in the criminal justice system in particular, the attorney has to be firmly on the client's side at every step. This is because they are the only people in the courthouse whose sole purpose is to advocate on behalf of the defendant. No matter what morals you have or beliefs, as an attorney your main focus is the interest of your client. Keeping information deemed confidential in a client meeting private, is just as much of an obligation as defending the client in court. I do understand the amount of guilt and regret that could be placed on one’s mind if they had to conceal something so horrific, but that is what comes with the profession. A strict business mentality has to be taken on by an individual and all emotions have to be released in order to successfully complete the task at

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