Saturday, June 15, 2019
Attorney-client Essay Example | Topics and Well Written Essays - 500 words
Attorney-client - Essay ExampleDoe has advised his attorney that he did, in fact, kill the person for which he has been arrested. While Ms. Smith did not solicit this information during the discussion, she is now privy to the fact that her client is guilty. This revelation, however, does not submit Ms. Smith to notify the authorities. As an officer of the court, she is precluded from putting a witnessin this case Mr. Doeon the stand if she knows that the witness will load perjury but she is not mandated to turn her client in as a result of the attorney-client privilege. It should be noted that the right to have ones discussions with an attorney kept private is absolute in the United States. In fact, courts have considered the attorney-client privilege to be among the most fundamental testimonial privileges in the lawful system (Kressel, 2006, p. 413). The reason for this is clear, and was recently set forth by Silbert & Joannou (2006) as necessary because it protects confidential communications between an attorney and his client and exists to encourage wide-cut and frank communication between attorneys and their clients and thereby promote broader public interests in the observance of law and administration of justice (Silbert & Joannou, 2006, p. 1225). Thus, with just these facts, it is understood that Mr. Doe is serious from prosecution as a result of his attorneys knowledge he wont be put on the stand to leaven in his own defense, but he will not be revealed as the murderer by Ms. Smith either. His secret is safe with his attorney, who will championship an aggressive defense and force the prosecution to prove its case beyond a reasonable doubt.Only one added fact could change this dynamic and very reverse the situation. Assuming all facts as provided above, add the fact that during their conversations, Mr. Doe not only reveals that he is the killer, but is holding the child of the victim guarantor in his basement. At this point, Ms. Smith has no
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