Premium Essay

Attorney Cient Conidentiality

In: Other Topics

Submitted By slugo2014
Words 504
Pages 3
Attorney Client Confidentiality

Susana Lugo


July, 19 2015

Tony Stroud

Attorney Client Confidentiality
The defense is obligated to hold strictly confidential all conversations and other communications with the defendant, including all information which the defense lawyer receives from the defendant during the course of representation. The defense lawyer must pursue the representation conscientiously and without delay.The Defense attorney must keep private any information given by their client and is protected of the client’s ability to confide freely in his or her attorney.
The attorney/client privilege often prevents disclosure of information that would be relevant to a legal proceeding. Each of the following elements must exist for the privilege to apply; The person asserting privilege must be a client or someone attempting to establish a relationship as a client; The person with whom the client communicated must be an attorney and acting in the capacity as an attorney at the time of the communication; The communication must be between the attorney and client exclusively; The communication must be for the purpose of securing a legal opinion, legal services, or assistance in some legal proceeding, and not for the purpose of committing a crime or fraud; and The privilege must be claimed by the client. (Only the client may claim or waive the privilege.)
The defense is often put in a predicament where the client may reveal information about a prior crime he or she committed but the attorney cannot reveal this information based on the confidentiality that protects the client. In
Attorney Client Confidentiality which a major concern to me is that lawyers in America may be aware of a lot of crimes that their clients committed in which an innocent person is in jail right now serving time for a crime they did not…...

Similar Documents

Free Essay

Prosecutors and Defense Attorneys

... | |Comparison and Contrast of Prosecutors and Defense Attorneys | |[Comparison and Contrast] | | | | |January 27,2013 | |In this paper I am discussing the differences of a Defense Attorney and a Prosecutor | In the court system there are two types of attorneys, the defense attorneys and the prosecutors. The defense attorney is there to prove their client is innocent while the prosecutor is there to make sure that the defendant is found guilty of the charges that he is facing. While the defense attorney is trying to prove the innocence of their client the attorney or attorneys must find errors in a case to try and get a mistrial or try and build up evidence that the defendant was nowhere near the crime at the time it was......

Words: 418 - Pages: 2

Premium Essay

Attorney-Client Confidentiality Paper

...Attorney-Client Confidentiality Paper The Court System CJS_220 February, 2013 The attorney-client confidentiality covers all communication between any person looking for legal advice and a lawyer, is protected legally because this type of communication is considered “privileged” and to be confidently. The disclosure of any information to third parties about any type of mention for what the issues are about with the case is strictly condoned. The attorney-client confidentiality is covered under all types of lawyers, or even attorney legal assistances for any kind of civil, criminal or even all information about marital divorce cases ("Understanding Lawyer Client Confidentiality", 2013). According to “The Basics of Attorney Client Privilege" (2013), the courts do have exceptions for upholding privilege information if the other person is put into great harm and that a judge may force disclosure over certain factors. There is also some information that will and cannot be covered under confidentiality or privilege information about committing or intent to commit fraud or a crime. The privilege is essential for communication, trust, and confidentiality between the client –lawyer relationship to work and because the lawyer needs to know any information concerning the case to help represent the facts of a case (Ch. 6, p. 161-162). According to “The Basics of Attorney Client Privilege” some states apply different attorney-client privilege laws and the government......

Words: 375 - Pages: 2

Free Essay

Ethics for Prosecutor and Defense Attorney

...Assignment 1: Ethics for Prosecutors and Defense Attorneys Due Week 4 and worth 140 points Research the Internet or the Strayer Library for two (2) separate criminal cases where a: a. Prosecutor violated the Attorney Professional Code of Conduct. b. Defense attorney violated the Attorney Professional Code of Conduct. Write a three to five (3-5) page paper in which you: 1.Summarize the facts of the cases, analyzing the roles of the prosecutors and defense attorneys, and detailing what violations of code of conduct were alleged to have occurred. 2.Determine which duties were breached and what the prosecutor and defense attorney should have done to comply. 3.Deduct the professional and / or personal ramifications of the alleged shortcomings. 4.Research and cite at least four (4) peer-reviewed sources in addition to the text. Access to the Strayer Learning Resource Center is available to students, including Lexis-Nexis and EBSCO. Note: Wikipedia and similar Websites do not qualify as quality resources. Your assignment must follow these formatting requirements: •Be typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides; citations and references must follow APA format, including in-text citation. Check with your professor for any additional instructions. •Include a cover page containing the title of the assignment, the student’s name, the professor’s name, the course title and the date. The cover page and the reference page are......

Words: 304 - Pages: 2

Premium Essay

Special Power of Attorney

...POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That I, ___________________________, ________ of legal age, Filipino and with postal address at _________________________________________________ have NAMED, CONSTITUTED AND APPOINTED and by these presents do hereby NAME, CONSTITUTE AND APPOINT _______________________, _________of legal age, Filipino, with residence and postal address at ________________________________________ to be my true and lawful attorney, to act in my name, place and stead, to do and execute any of the following acts, to wit: 1. To buy, acquire and purchase from Sta. Lucia Realty & Dev., Inc. a subdivision lot which is more particularly identified as Phase ____ Block ___ Lot ____ of ___________ _____________________________, with an area of ____ sq.m. for such price and under such terms and conditions acceptable to my attorney-in-fact; 2. To sign, execute and deliver contract to sell, deed of absolute sale, transfer of rights and any/all documents pertinent to the above-mentioned property; 3. In general, to perform any and all acts proper and necessary in order to effectuate the foregoing. HEREBY GIVING AND GRANTING unto my said attorney full power and authority whatsoever requisite or necessary or proper to be done in or about the promises, as fully to all intents and purposes as I might or could lawfully do if personally present, and hereby ratifying and conforming all that my said attorney shall......

Words: 357 - Pages: 2

Premium Essay

Attorney Career

...An attorney is an individual who is a member of the profession. An attorney is qualified and licensed to represent a client in court. Basically an attorney may act on the client’s behalf and plead or defend a case in a legal proceeding. The most important part of a lawyer’s duties is to know the law. In law school, you will learn how to interpret the laws and apply them to a particular case. When considering this is a career, an individual should take into factor the education required, the time you have to put in, the effort and skills needed and the positive impacts that it could have in our society. A deciding factor in practicing law is the education that is required. For high school students the most useful courses you could take are the ones which would encourage precise writing and organized research and as well as the critical examination of other’s writings. Building your vocabulary and becoming familiar with libraries are also useful. Science, mathematics, philosophy, computer science and logic will also help an individual develop analytical and logical thought processes. After a student graduates high school, it normally takes seven years of university to become a lawyer. A bachelor’s degree, (in any subject) which would take usually four years to complete, is necessary in order to attend law school. In order to even begin an application process for a future law school, you must complete a test called the Law School Admissions Test. The result of the test......

Words: 670 - Pages: 3

Premium Essay


...Rachel Silvia October 2nd, 2013 Professor Karen Bond Engl0096 Attorneys All around the world people are setting in a court house waiting for their turn in court. Many different situations and outcomes from court will be dealt with. All cases that will be heard attorneys of all kind will be needed. Criminal attorneys handle cases that consist of an individual or company that are charges with breaking the law and Civil attorneys handle cases that consist of disagreements of contracts, property, child custody, divorce, and personal and property damages. Criminal lawyers defend a person or company that is charges with breaking the law. Criminal lawyers deal with the issues surrounding the arrest, a criminal investigation, criminal charges, sentencing, appeals and post-trial issues. Criminal lawyers may also help a person before charges have been filed by a prosecuting attorney. A person may hire a defense attorney to help with counsel and representation dealing with the police or other investigators and perform their own investigation, Should there be a violation of a person’s Constitutional right, such as unlawful search and seizure; a defense attorney is used to prepare for a trial. A defense attorney helps with any proposed settlement agreements between the client and prosecutor. A lawyer who specializes in civil law is known as a civil lawyer. Civil law has many fields including business laws, corporate laws, intellectual property laws, family laws,......

Words: 407 - Pages: 2

Premium Essay

District Attorney

...Manuel Davidian Module 2 Assignment 2 – District Attorney Ladies and Gentlemen of the jury, my name is Manuel Davidian. I am representing the people of Pennsylvania in the case of the people versus Julio Romero. I am here to prove to you, beyond a reasonable doubt, that Julio Romero was involved in the brutal killing of Willy Tineo-Ferreira. We have multiple witnesses that can put Julio Romero at the scene of the crime. They have both said Julio Romero was the getaway driver and assisted in the shooting. He may have not pulled the trigger but he did nothing to stop it and did everything to help the shooter. All of this occurred over a pair of sneakers. Is it really worth the life of an innocent young boy? The other defendant came up from behind Tineo-Ferreira and shot him in the back of the head and continued to shoot the back of the deceased seven times. Who walks up to a defenseless person, shoots them in the back of the head, and continues to fire behind their back? Julio Romero did nothing to stop this and tried to get the shooter away from the crime scene as fast as possible. You might as well put the gun in his hands also. The defense will argue that the authorities forced their client into a false confession. We argue that we did nothing to force him into a confession. Did we write the confession out ourselves? Julio Romero wrote out his own confession and after a year in jail says he did nothing wrong. The defense cannot even get their......

Words: 373 - Pages: 2

Premium Essay


...Carter, Romeoville, MI, for Appellant. Wayne Shapiro, M. Anne Hannigan, Law Office of Wayne Shapiro, Chicago, IL, for Appellee. Justice McDADE delivered the judgment of the court and the following opinion: Plaintiff, American Management Consultants LLC, filed a complaint against defendant, Geaniece Carter, pursuant to section 9-209 of the Illinois Code of Civil Procedure (the Code) on forcible entry and detainer (735 ILCS 5/9-209 (West 2006)) seeking past-due rent, utilities, and late charges totaling $1,002.73; possession of apartment 316C in Riverstone Apartments, 308 Woodcreek Drive, Bolingbrook, Illinois; and attorney fees and costs. Following a hearing, the circuit court of Will County entered judgment in favor of plaintiff and awarded it $1,190.62 in unpaid rent for the months of July 2007 and August 2007, including a $35 late charge for August rent; $500 attorney fees; and $203 costs; and it also ordered that defendant turn over possession of the apartment to plaintiff within two weeks. The court denied plaintiff's request for unpaid utilities. For the reasons that follow, we reverse. BACKGROUND The parties entered a 12-month written lease agreement in March 2007 for apartment 316C in plaintiff's apartment complex in Bolingbrook. The lease agreement stated defendant's monthly rent as $675 per month. The agreement also provided that in consideration for entering a 12-month lease, plaintiff granted defendant a deduction of $112 per month from the rent from March 2,......

Words: 924 - Pages: 4

Premium Essay

Deputy State’s Attorney

...Deputy State’s Attorney (a) earnings/salary range (why is there a range? Are there any other benefits besides monetary compensation?) The median annual salary of an attorney employed in the United States by a local government was $95,950 in May 2013 (Bureau of Labor Statistics [BLS], 2013). The bottom 10 percent earned less than $51,220, and the top 10 percent earned more than $154,150 (BLS, 2013). “Lawyer salaries can range widely based on several factors such as the size of the firm, the number of employees, kind of law being practiced, location of the firm, the type of clientele served, how much the lawyer is willing to work, and amount of experience gained through law school” (, 2014) . In regards to non-monetary benefits, “local government employees typically have access to a number of major benefits in their compensation packages, including health care, retirement and savings, and paid leave” (BLS, 2011) . State and local governments tend to spend more on voluntary benefits at $13.24 per hour worked for their employees, compared with $7.66 for private-sector employers (Employee Benefit Research Institute, 2008). (b) Educational and training requirements (what does an individual need to possess and/or pass to get into this field?) Possession of a bachelor’s degree is required for admission into most law schools in the United States (BLS, 2014). Getting accepted into law school, especially those accredited by the American Bar Association (ABA),...

Words: 811 - Pages: 4

Premium Essay

Attorney-Client Confidential

...Attorney-Client Confidential 5/15/15 Kiersten Beam The attorney-client confidential encourage clients to open up to their attorney and disclose all pertinent information in legal matters by protecting such disclosures from discovery at trial. This information is held strictly between the attorney and client and will remain private, as long as the court doesn’t force disclosure. However, this privilege does not apply if the communications between the client and the attorney that are made in an act to commit fraud or any other crime. The client is the one in charge on deciding what is to remain confidential and what is okay to discuss in court. If it is found that the attorney broke the attorney-client confidentiality, the client can fire the attorney and in some cases if the client can prove that the attorney knowingly broke the attorney-client confidentiality, the client can then report the attorney to the bar. It could also be breach of a fiduciary duty, which may give you a claim for money damages if the disclosure injured you in some way. The attorney-client confidentiality is important to the criminal justice system because when the attorney can have their client speak freely about the case to them, they can better help the person win their case. Also clients need to feel safe talking to their attorney. If clients didn’t then when it came to court, the person who would win the case would win based off who had a lawyer that could lie better, than when off of actual...

Words: 260 - Pages: 2

Free Essay

Ethical Attorney

...What It Means to Be an Ethical Attorney Matthew C Hayden PR Essay 3 The legal profession is a path when one must ethically while wearing multiple hats. First at all times you must realize you are held to a standard code of ethics even when you are on vacation. An attorney is held to the same code of ethics if he is sitting in his office with a suit and tie or if he is in Vegas at a friends bachelor party. The second ethical route is that an ethical lawyer must affirmatively choose to do things that are good. Under the Model Rules of Professional Ethics many of the rules differ on the use of “shall” vs “may”. The tricky situations come when a lawyer “may” disclose information that could hurt his relationship with the client. When you are wearing the hat or being an ethical attorney it can be difficult to choose between right and wrong. The first scaled weights exist when you are representing your clients in the situation of attorney client privilege. As an attorney you are an officer of the court and owe a duty to justice, the rule of law and the tribunal. On the other hand you have a duty to your client. The client must be able to completely honest with you and know that you will keep the conversations secret. As an attorney you must act as a zealous advocate of the client and further their interests. Unlike most other professions that deal in arm’s length interactions an attorney owes a fiduciary duty to his or her own client. Rule 1.1 is the Duty of Competence......

Words: 1650 - Pages: 7

Free Essay

Attorney vs Judge

...Attorney vs. Judge Lisa Lupola CJS/211 July 13, 2015 Instructor Leesa McNeil Social Media “With the rampant expansion of social media and online technologies over the past decade, it is no surprise that Facebook, MySpace, Twitter, Instagram, YouTube and blogs have made their way into the courtroom, pervaded the jury box, and even pierced the veil of judges’ chambers”, Assoc. of Bar of St. of N.Y. Eth. Op. 2012-2, *4-7 (2012). Unfortunately, for a 52-year-old lawyer Joyce Nanine McCool, is disbarred after using Twitter and an online petition on Facebook, encouraging citizens to contact the judges involved in an alleged child abuse custody case. Did this lawyer act in the best interest the of children in this alleged sex-abuse and divorce case or was this was an act of unethical and unprofessional misconduct attempting to influence the judges involved in this case? Why would this attorney risk being disbarred for this cause? Outside the Box Ms. McCool, Esq. represented a client and friend in a bitter divorce case in which the client’s two small daughters accused their father of sexual abuse. The ethical dilemma constitutes ex parte communication, which is prohibited. The "12 Cfr 263.9 -Ex Parte Communications"(1994) website defines, “Ex parte communication as any material oral or written communication relevant to the merits of an adjudicatory proceeding that was neither on the record nor on reasonable prior notice to all parties that takes place......

Words: 913 - Pages: 4

Free Essay

Attorney-Client Confidentiality

...Attorney-Client Confidentiality Melissa Eichelberger CJS 220 December 14, 2011 With attorney-client confidentiality we think of this as a conversation between a client and their attorney. This conversation allows the client to talk to their attorney and let him or her know any and all information that would help their attorney to determine a legal defense for their client. Any information that the client tells their attorney is a privilege and cannot be used against them in court. So by this happening the client will feel comfortable telling their attorney everything about the case so that there is no information that might come up as a surprise during the trial or court case that would surprise their attorney and maybe hurt the client at the same time. This is important part of the justice system because the client has an attorney that they can confide in and that they can trust that will have their best interest in mind, and anything that the client tells their attorney cannot be used against them in court and will be kept confidential. One concern about the client-attorney confidentiality could be where the attorney doesn’t keep good records in source and some information would leak out with information about the client. When there is out sourcing that means that there is a chance that information that is privileged could get out to the wrong people and could possibly hurt the client’s case. This is called Metadata which means the transferring of any and all......

Words: 281 - Pages: 2

Premium Essay

Attorney-Client Confidentiality

...Attorney-Client Confidentiality CJS 220 January 18, 2012 Reginald Anthony Attorney-Client Confidentiality Attorney-client confidentiality is the communication between a layer and his or her client that is legally “privileged” to protect from discloser to a third party (Meyer & Grant, 2003).The rationale is that if clients were not assure of the confidentiality of the information they share with their attorneys, then they would have an incentive to hide or distort facts necessary for their defense (Meyer & Grant, 2003). Not all form of communication has to be verbally spoken. It can come from body movements to written emails. The privilege is designed to fast frank, open, and uninhibited disclosure between attorney and clients so that the clients legal needs are competently addressed by a fully prepared attorney who is cognizant of all the relevant information the client can provide (Meyer & Grant, 2003). This is vital to any criminal justice system so that the defendant know the attorney can say in the court case and if they is any form of injury to where the attorney will go to the jury and tell them that the defendant admitted to the crime. Maintaining the confidentiality could be the difference between guilty and not guilty to many inmates. I know that from seeing articles published about it, there are still a number of attorneys that will go to the jury and tell them that the defendant has admitted to his crime. References Meyer, J. F.,......

Words: 265 - Pages: 2

Free Essay

Governor Attorney-Client Privilege

...Governor-Attorney Client Privilege I. The Office of the Governor should not invoke government attorney-client privilege to prevent testimony by a government lawyer when the lawyer is subpoenaed in a federal grand jury investigation for possible federal criminal violations. This decision is up to the courts in a case by case basis. a. Attorney Client Privilege is subject to the common law by courts “in the light of reason and experience.” FRE 501. i. FRE 501 can be relied on over FRE 503 at the discretion of the Court. 1. FRE 503(a)(1) only makes “broad propositions that a governmental body may be a client for purposes of the attorney-client privilege” (In Re Duces Tecum, 8th circuit, 916). a. “We are instructed by Rule 501 to interpret the attorney-client privilege via common law ‘in light of reason and experience’ and not solely in light of the rule promulgated by the Supreme Ct. in 1972” (Id). ii. Necessity of Granting Potentially Relevant Info to Fed. Grand Jury as a matter of Constitution and Criminal Justice. 2. It is up to the federal grand jury to determine whether there is sufficient evidence to justify a formal accusation against a person for a crime (US Constitution, 5th amendment). 3. The rule of law should reign supreme and should be considered natural that every step be taken to ensure that justice be served promptly. b. “Supreme Ct. recognizes that the......

Words: 1142 - Pages: 5