LS 602 Comprehensive Exam Capstone Sherron Chatman Kaplan University Privilege One of the basic doctrine between a client and a lawyer is confidentiality. Clients seek confidential advice from their attorney’s and trust their attorney to protect that advice to the fullest extent that the law permits. However, there are instances when the scope of protection is not as clear. In these instances, there have been different and conflicting decisions reached by the courts when determining the best protection for confidential and privilege communication. Some of the decisions have caused innocent people like Alton Logan to suffer for 26yrs for a crime he did not commit, on the other hand, the United State judicial system offers a strong defense as one of its basic tenets. This paper will review the attorney-client privilege and provide arguments for and against the Understand that outside the United States privilege issues get tricky and you should be very careful with respect to what you think might be a privileged communication. 10. Train the business on all of the above and find teachable moments when you see something that jeopardizes the privilege or is not a proper use of the privilege. The attorney-client privilege is a valuable asset of your company. Treat it as such. Identify outside counsel to help answer questions about the privilege and ask them for a free CLE/presentation on the scope of the privilege in your state. Train yourself, your team, and the company on best practices. Be constantly vigilant and in teaching mode on the issue — and fight like hell to preserve and maintain the privilege when challenged Reference Attorney and Client. Evidence Indicating Communications to Be in Furtherance of Client's Plan to Commit Future Crime Held Not within Purview of Attorney-Client Privilege. (1955). Virginia Law Review, (1), 101. References Boatright, D. T. (1995). What, exactly, is a privilege? Journal of Environmental Health,
The power of executive privilege has been extremely controversial since basically the beginning of the United States as a democratic government. Many saw this power come into a greater public focus particularly during the Nixon presidency and the infamous Watergate Scandal, but the theory and use of executive privilege existed long before Nixon. As in true American fashion, some argue in favor of executive privilege, while others view it in a more negative light. The intense controversy is what makes executive privilege so intriguing to review in a deeper and more in depth analysis. The theory of executive privilege has derived its power throughout evolution of time, a series of presidencies, and quite a few pinpointed circumstances resulting in some very notorious court cases.
There are certain standards that the courts use to determine competency. In order to find the accused competent, a court should find out by a preponderance of evidence that the defendant has remarkable ability to consult with his lawyer with a reasonable degree of rational indulgence. The def...
" 2. The court said that it was difficult decide with the argument of executive privilege because there was no real claim to protect military, diplomatic, or sensitive national security secrets. 3. The court stated: "We conclude that when the ground for asserting privilege as to subpoenaed materials sought for use in criminal trial is based only on the generalized interest in confidentiality, it cannot prevail over the fundamental demands of due process of law in the fair administration of justice. The generalized assertion of privilege must yield to the demonstrated, specific need for evidence in a pending criminal trial.
The most recently adopted exceptions correlate to what may be called the public policy exceptions, exceptions where the lawyer is permitted to breach confidentiality to protect an interest other than that of the client. The ethical duty of confidentiality juxtaposes here with the law relating to the attorney client privilege. The attorney client privilege is a rule of evidence that is pertinent in judicial proceedings. The ethical duty of confidentiality is an ethical obligation that is far more extensive in scope than the privilege. The two are not interchangeable concepts, although there are many resemblances. Both attorneys were incapable legally without risking their licenses to provide Wilson’s confession upon Logan’s sentencing, due to breach of
Privilege is a topic with, any definitions and many angles of interpretation. My definition describes privilege as a step-up or positive opportunity in a specific situation or circumstance that is not available to everyone. These privileges are sometimes earned while others are totally unwarranted by the recipient. An example of what I consider an unwarranted privilege would be a child living in a certain county and being able to attend a highly sought-after school strictly due to the way an area is zoned by the county. The privilege of a military veteran having his tuition paid for by the Government is a earned privilege by my beliefs. Privilege far extends far outside the boundaries of education. You will find privilege in virtually all facets
Attorney Vinny was trying to get information from the district attorney by coming up with as many ideas as he can. He didn’t know that the prosecution requires to share the information with attorney until his fiancée points out to him. This shows the lack of his knowledge in criminal justice.
people in these 21st century society wonder, “When is Justice to be done?” For district attorneys,
"The idea of privilege- that some people benefit from unearned,and largely unacknowledged, advantages, even when those advantages aren 't discriminatory."(Rothman, 2015) "Race privilege refers to the advantages that people receive because of the color of their skin."(Simpson, 2015)
Walsh, James, and Dan Browning. "Presumed Guilty Until Proved Innocent." Star Tribune (Minneapolis, MN). 23 Jul 2000: A1+. SIRS Issues Researcher.
"Know the Cases." Innocence Project. Benjamin N. Cardozo School of Law, n.d. Web. 1 Mar 2011. .
Privileges are things that a person receives that gives them an advantage over most people (Merriam-Webster). These are benefits that only certain people receive for being in a certain group or discourse. Peggy McIntosh, director of the Wellesley College Center for Research on Women, wrote “White Privilege and Male Privilege” and states “I think whites are carefully taught not to recognize white privileges, as males are taught not to recognize male privilege” (605). She argues that whites and males receive certain privileges, yet they do not even notice them. This shows that different races and women are still put at a disadvantage, but the people who receive the benefits are blind to the problem. Many people will argue that she is correct while some others will explain why this not is the case.
Discussion that takes puts inside the connection of a protected relationship, for example, that between a lawyer and a client, a spouse and wife, a minister and contrite, and a physician physician and patient. The law frequently ensures against constrained exposure of such discussions. Be that as it may, there are special cases that can refute an advantaged correspondence, and there are different circumstances where it can be waived, either deliberately or accidentally.
There happens to be many legal duties of a criminal justice lawyer. For starters, criminal defense lawyers have a duty to keep all of the discussion between them and their client completely confidential. This is often referred to as
The Paralegal Professional, A reference to the source of legal information chapter 12, pages 434, 446, and 454.
client, and what lead them to you. Once they are in your office you as their case