“With liberty and justice for all.” Now this all too familiar clause is often forgotten like the toils of soldiers on the battlefield, repeated ad nauseum throughout the echoing literature left by our founding fathers and throughout the annals of history. America has been shown to persevere through the greatest of trials truly reflecting the American patriot’s desire to not only uphold freedom, equality, justice and humanity, but also to remember the faint yearning whispers of the oppressed crying out “Let freedom ring!” According to Michmerhuizen the Attorney-Client Privilege means “The concepts of lawyer confidentiality and Attorney-Client Privilege both concern information that the lawyer must keep private and are protective of the client’s ability to confide freely in his or her lawyer ” (1). I firmly believe that the Attorney-Client Privilege should not be abolished because it would be changing something our nation has been exposed to for so long, helps build a good relationship between client and attorney, and is most importantly the right of every American citizen. Although the other side of the issue makes valid arguments, the constitutional rights of every American citizen and the long-standing tradition of the Attorney-Client Privilege is the epicenter of the monumental success to our judicial system. The Attorney- Client Privilege is the agreement between an attorney and their client that mandates the communication between the two parties to be fully confidential and undisclosed under any circumstances (Sheila 138). There are various cases that highlight the importance and practical use of the Attorney-Client Privilege that could help one better understand what this entails. A specific situation in which the Attorne... ... middle of paper ... ...n Historical Perspective on the Attorney-Client Privilege." Jstor.og. California Law Review. Web. 15 Apr. 2012. Maloney, Sheila. The American Bar Association Guide to Resolving Legal Disputes: Inside and outside the Courtroom. New York: Random House Reference, 2007. Print. Michmerhuizen, Sue. "Confidentiality, Privilege: A Basic Value in Two Different Applications." Americanbar.org. Center for Professional Responsibility, Mar. 2007. Web. 15 Apr. 2012. . Schachner, Robert W., and John F. Phillips. How & When to Sue Your Lawyer: What You Need to Know. Garden City Park, NY: Square One, 2005. Print. Silverman, Arnold B. "Silence Is Golden—The Attorney-client Privilege." Jom 49.6 (1997): 62. Print. "What the Attorney-Client Privilege Really Means." Sgrlaw. Smith, Gambrell & Russell, LLP. Web. 15 Apr. 2012. .
The Petitioner filed a motion for a new trial on the basis of newly discovered evidence disputing that the Government was negligent in disclosing a purported promise of leniency made to Robert Taliento, their key witness in exchange for his testimony. At a hearing on this motion, the Assistant United States Attorney, DiPaola, who presented the case to the grand jury admitted that he promised the witness that he would not be prosecuted if he testified before the grand jury and at trial. The Assistant (Golden) who tried the case was unaware of the promise. The defendant seeks to overturn his conviction on the grounds that this non-disclosure was a violation of his Due Process rights under the Fourteenth Amendment.
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.
" 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.
Communication between an attorney and its client is crucial during a trial. The attorney - client privilege is a legal privilege between the client the and the attorney assuring the privacy of the client. There have been many cases where the attorney and client privilege has become an issue and most people believe that an attorney should break his/her privilege when the client confesses of harming more than one victim. When it comes to an attorney and a client it is important for both parties to understand each other, and assure that each conversation such be between client and attorney only.
Rehnquist, William H., Brennan, William J. "A Casebook on the Law and Society: What Rights
Imagine getting a ticket and deciding not to pay the fine by the deadline. The court will issue a notice for you to pay for it or you will be charged for misdemeanor. You have the option to go to court and if you can’t afford a private lawyer, then the court will assign you a public defender, or a lawyer appointed by the court of no cost to you.Your right to have a lawyer and a fair trial is protected by the Sixth Amendment. These clauses are enforced by Gideon v. Wainwright, where the Supreme Court ruled that a criminal defendant has the right to have legal counsel if they could not afford one (“Facts and Case Summary – Gideon v. Wainwright”).
We are writing to highlight an issue of concern in regards to protected and privileged attorney-client communications that may be in your custody. This issue is being raised, first, because of concerns that state actors may have spoken with or obtained, indirectly from third parties, information that would be considered privileged from Stanford A. Graham. Because Mr. Graham acted as counsel for individuals and entities that are targeted by state action, all communication, indeed all information he possesses would be considered to be protected and inaccessible by the state.
Oct 1993. Retrieved November 18, 2010. Vol. 79. 134 pages (Document ID: 0747-0088) Published by American Bar Association
Remy, Richard C., Gary E. Clayton, and John J. Patrick. "Supreme Court Cases." Civics Today. Columbus, Ohio: Glencoe, 2008. 796. Print.
Columbia Law Review, 104, 1-20. doi:10.2307/4099343. Reynolds, S. (2009). The 'Standard'. An interview with Justice Ruth Bader Ginsburg.
This article is a humble attempt to understand whether under the Indian laws, Attorney-Client Privilege applies to communications between employees of a corporate entity and their in-house legal counsel, and compare the Indian Scenario with that of the United States of America.
The paralegal profession developed as legal secretaries assumed additional duties to help attorneys with their workload. The paralegal performs legal tasks under the supervision of an attorney that maximizes attorneys' productivity and cost efficiency in the delivery of legal services. Paralegals work in many different types of law firms, corporations or government agencies in many areas of law (Hollingshead). All duties performed by a paralegal are under the supervision of an attorney who is responsible for the paralegal’s conduct. In fact, the American Bar Association Standing Committee on Paralegals define paralegals or legal assistants [used synonymously] as a person qualified by education, training or work experiences, who is employed or retained by a lawyer, law office, corporation, government agency, or other entity who performs specific delegated legal substantive work for which a lawyer is responsible (ABA). In class, we learne...
The Justice Professional. vol. 15(3): 273-299.
The Paralegal Professional, A reference to the source of legal information chapter 12, pages 434, 446, and 454.
The aspects of the practice of law have changed significantly from that which was considered in colonial times, where students of law, perhaps unqualified, could easily be licensed to practice. This transformation of the legal system has strengthened our trust in American law, and continues to challenge honest, qualified lawyers around the nation. Bibliography:.. Works Cited Neubauer, David W. Judicial Process: Law, Courts, and Politics in the United States.