Attorney Client Privelege

Attorney-Client Confidentiality Tammy Sepulveda CJS/220 January 16, 2013 Deborah DiFalco Attorney-Client Confidentiality The lawyer- leaf node right, which dates suffer to the reign of Elizabeth I, was originally based on the concept that an attorney should non be required to testify against the lymph gland and, thereby, despoil a duty of loyalty owed to the knob. At that time, it was the lawyer who held the privilege. Today, the privilege is held by the client while it may be insist by the lawyer on behalf of the client, except the client can waive the privilege. Silverman, 1997) Although Silverman states that barely the client can waive the privilege he forgot to mention that if a client discloses to his attorney that he plans on committing a crime that would harm someone else, the attorney is so obligated to report it to the authorities. If a client is discussing a matter with their attorney in a public daub and someone over hears it that can be used in court. Only c onversations among the attorney-client in private are considered let information.The attorney-client privilege is important to our criminal justness system for the simple fact that a client would be more apt(predicate) to describe the truth to their attorney. When the attorney does not have all of the facts at get hold of they may not be adapted to represent the client appropriately. If a client knew the information they were disclosing to their attorney wasnt in confidence they may not tell the attorney what they need to know. Our Constitution protects us from wrongful imprisonment and the US tyrannical court upholds the very old sanctioned concept.If there wasnt attorney-client privilege then the defense would not need to represent for their client in court, thus do it easier for the pursuance to not have to right on present their case. This could result in cleared people going to prison being stripped of their liberty. One of the major concerns veneering attorney- client privilege is e-discovery. With the prevalence of electronic communication, preserving client confidentiality during document production is more dispute than ever. An attorney must track and stupefy all the information that is pertinent to their case. This includes canvas possible electronic information.If the attorney does not have the same information that the prosecution may have it can dampish the case. Electronic information is not include under attorney-client privilege. Therefore, the client should privilege the attorney with any information that may be available to the prosecution through e-discovery. point of reference Silverman, A. B. (1997). Silence is Golden- The Attorney-Client Privilege. Journal of the Minerals, Metals and Materials Society, 49(6), 62. Retrieved from http//www. tms. org/pubs/journals/jom/matters-9706. html The Courts in Our CriminalJustice System, by Jona F. Meyer and Diana R. Grant. Published by Prentice-Hall.