When Should a Lawyer Reveal Confidential Communications Term Paper by eddievedder

When Should a Lawyer Reveal Confidential Communications
The paper examines the conflicts between the right to a fair trial and the right to a free press and between the need for confidential sources in reporting and the demands of the legal system for full disclosure.
# 147111 | 5,660 words | 15 sources | APA | 2010 | US
Published on Feb 24, 2011 in Communication (Journalism) , Law (Evidence) , Law (Constitution) , Ethics (General)

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The paper reviews the perceived clash between the prerogative for a fair trial and the constitutional right for a free press and the rights of journalists to protect their sources as opposed to the need for the legal system to have full access to relevant information. The paper postulates a hypothetical case in order to demonstrate the conflicts involved and the legal and constitutional ramifications. The writer them examines a number of areas where the demand for full access and preservation of sources are especially acute, before drawing final conclusions.

Access to Electronic Records
Access to Electronic Statutes
Access to War and the Military
Confidentiality Promises

From the Paper:

"Journalists and lawyers are often portrayed as natural adversaries, and it is sometimes even suggested that each side possesses a set of "rights" that are supposedly at war with the "rights" of the other (Rothenberg, 1999). These legal journalistic clashes include the alleged "conflicts" between the rights of fair trial and free press and between the need for confidential sources in reporting and the demands of the legal system for every person's evidence. Another legal-journalistic "battleground" might involve court secrecy orders (American Bar Association, 2009). Lawyers, after all, generally desire to protect their clients' secrets by keeping confidential documents and materials out of public view. Journalists, by contrast, view skeptically court orders that shield activities of public interest from full public scrutiny."

Sample of Sources Used:

  • American Bar Association, (2009) Compendium of Client Protection Rules. Available Online: http://www.abanet.org/cpr/clientpro/preface.html This website managed by the American Bar Association offers a compilation of policies that seek to protect clients and the general public from revelation of secret information by lawyers. It defines the model as formulated by the Standing Committee on Client Protection and the Guidelines offered by the Task Force on the Model Definition of the Practice of Law. It also includes the proposals by the ABA House of delegates on the extent to which a lawyer can protect Client's information.
  • Adler, Renata. Reckless Disregard: Westmoreland v. CBS, et al.; Sharon v. Time. Knopf, 1986.
  • Cassidy, R. Michael; Sharing Sacred Secrets: Is It (Past) Time for a Dangerous Person Exception to the Clergy-Penitent Privilege?. William and Mary Law Review, Vol. 44, 2003
  • Drachsler, David A.; Use of Lawyer-Client Privileged Information by In-House Counsel Whistleblowers in Their Own Retaliatory Discharge Actions under the Environmental Laws. Duke Environmental Law & Policy Forum, Vol. 15, 2004
  • Ellmann, S., Gunning, I., Shaleck, A. & Dinerstein, R. (2004) "Connection, Capacity & Morality in Lawyer-Client Relationships: Dialogues and Commentary." Clinical Law Review Volume 10 of 2004 This article seeks to help new lawyers understand the extent to which they may relate with their clients. The book offers a conclusive framework on the emotional and professional connection between the lawyer and the client and by extension establishing the ethics governing legal privacy.

Cite this Term Paper:

APA Format

When Should a Lawyer Reveal Confidential Communications (2011, February 24) Retrieved July 04, 2020, from https://www.academon.com/term-paper/when-should-a-lawyer-reveal-confidential-communications-147111/

MLA Format

"When Should a Lawyer Reveal Confidential Communications" 24 February 2011. Web. 04 July. 2020. <https://www.academon.com/term-paper/when-should-a-lawyer-reveal-confidential-communications-147111/>