Posted: 11/22/2004 3:31:24 PM EDT
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Hello all. Can someone give me the basics of attorney/client privilege? If I hire a lawyer, can he be called upon to testify against me? Is there a FAQ on the subject, or a 'law for dummies' book I should look into? Thanks. -Ben Whose only previous experience with this is reading The Firm. |
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A communication made in confidence to an attorney for the purpose of securing legal advice or representation is privileged. The client has the right to refuse to disclose such a communication and to prevent the attorney from disclosing it. The principal exception to the privilege is the "crime/fraud" exception: A communication made for the purpose of planning or committing a future crime is not privileged. Examples: 1. "I just killed my whole family. Will you represent me?" PRIVILEGED, even if the answer is "No, I'm a real estate lawyer." 2. "How can I legally take my neighbor's water rights from him?" PRIVILEGED 3. "Let's say you were going to rob a bank. What can you do during the robbery to minimize your sentence if you're caught and convicted?" NOT PRIVILEGED 4. "How closely do courts look at deeds? Could they tell if one were forged?" NOT PRIVILEGED 5. "I forged a deed to some land and recorded it at the courthouse. What kind of trouble can I get in if it's found out?" PRIVILEGED The unprivileged examples assume that the purpose of the communication was preparation for future criminal conduct. The issue would never come up unless LE knew in general terms about the communication and asked the lawyer "What did X say to you when you spoke to him?" I personally treat anything that is said to me by a client or potential client as sacrosanct, regardless of the details. Obviously, that might be different if someone made it clear he planned a crime of violence. |
| I forgot to mention that, subject to the same exceptions, nothing you say after you've retained the lawyer can be disclosed without your permission. If you hire him on a DUI and tell him while preparing for trial "I was drunk as Cooter Brown," he can never reveal it. |
Yes, but in that case, he's not allowed to put you on the stand to testify if he knows that you intend to lie under oath. Its one of those thorny areas where the privilege and the duty of candor to the tribunal clash a bit. |
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