Question

What is the attorney-client privilege? What are the exceptions to this rule? How does it function in the criminal justice system? Do you think it is honored more often than not by attorneys and the court system? Why or why not? Give examples to support your position.

Answer 1

answer-

Attorney-client privilege refers to a legal privilege that works to keep confidential communications between an attorney and his or her client secret. its primary purpose is to facilitate a relationship of trust and confidence between the attorney and the client so as to allow the attorney to adequately advise and represent the client. The core belief is that absent full and open communication with one’s attorney, one can not obtain the full protection that an attorney is supposed to provide to the client in the United States.

There are some exceptions to this rule-

Death of a Client.
The privilege may be breached upon the death of a testator-client if litigation ensues between the decedent’s heirs, legatees or other parties claiming under the deceased client.

Fiduciary Duty.
A corporation’s right to assert the attorney-client privilege is not absolute. An exception to the privilege has been carved out when the corporation’s shareholders wish to pierce the corporation’s attorney-client privilege.

Common Interest Exception.
If two parties are represented by the same attorney in a single legal matter, neither client may assert the attorney-client privilege against the other in subsequent litigation if the subsequent litigation pertained to the subject matter of the previous joint representation.

The function of this rule in criminal justice system is like If a client seeks advice from an attorney to assist with the furtherance of a crime or fraud or the post-commission concealment of the crime or fraud, then the communication is not privileged. If, however, the client has completed a crime or fraud and then seeks the advice of legal counsel, such communications are privileged unless the client considers covering up the crime or fraud.

Walt meets with criminal defense attorney Saul for legal advice and asks about the penalties for cooking and selling meth. Saul explains the penalties, and also explains that profits from illegal drug sales can lead to money laundering charges. The conversation is privileged because Walt merely sought advice about penalties. But the result would be different if Walt asked Saul for advice on hiding or destroying evidence, or how to launder his profits by funneling them through a legitimate business.

I think this rule is honored more often because It make sure every one has right to privacy and communication. for example- We go to doctors and talk about our personal information so they keep our information private and honored our decision that doctor will not tell this to anyone unless patient asked to do. So this kind of relationship is required to honored not only by attorneys and court but in other fields as well.