Attorney-Client Privilege Issue

Paper Summary:

This paper discusses the attorney-client privilege issue. In particular, the paper discusses the fifth and sixth amendement of the Constitution and how they apply to attorney-client privilege. The paper then provides a number of examples where one may think that the issue need not be applied by the attorney. It also discusses each of these cases and the legal issues that apply.

From the Paper:

"In this case, the interest competing against adhering to the professional rules of ethics is not the prevention of the death of the child or the exoneration of an innocent individual facing undeserved punishment. Rather, the competing interest relates to the mother's uncertainty. Specifically, disclosure of the information would merely transform her grief from one type of grief to another (arguably much worse) grief and provide "closure." If the rule violation were capable of saving the life of a child, the attorney might be justified (if not obligated) in ignoring his professional obligation to his client, at least from an objective perspective. In this case, however, he is not justified in doing so."

Sample of Sources Used:

• Dershowitz, A. (1983) The Best Defense. New York: Vintage Books.
• Dershowitz, A. (2002) Shouting Fire: Civil Liberties in a Turbulent Age. New York: Bantam Books.
• Schmalleger, F. (2001). Criminal Justice Today: An Introductory Text for the 21st Century. Hoboken, NJ: Prentice Hall

More papers on Attorney-Client Privilege Issue:

• Essay # 84557 : "Legal Memorandum"
• Research Paper # 20034 : "Confidentiality in the U.S. and Australia"
• Analytical Essay # 149821 : "Practical Ethical Issues Facing a Criminal Defense Attorney as Defined in the Massachusetts Rules of Professional Conduct"

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