Attorney Client Privelege

Attorney-Client Confidentiality Tammy Sepulveda CJS/220 January 16, 2013 Deborah DiFalco Attorney-Client Confidentiality The lawyer- node prefer, which dates back to the reign of Elizabeth I, was in the first place based on the concept that an attorney should not be call for to testify against the client and, in that locationby, violate a duty of loyalty owed to the client. At that time, it was the lawyer who held the privilege. Today, the privilege is held by the client while it may be asserted by the lawyer on behalf of the client, only the client give the axe waive the privilege. Silverman, 1997) Although Silverman states that only 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 then obligated to compensate it to the authorities. If a client is discussing a matter with their attorney in a public place and someone over hears it that can be emp loy in court. Only conversations between the attorney-client in private are considered favour information.The attorney-client privilege is important to our criminal justice system for the simple detail that a client would be more apt to tell the truth to their attorney. When the attorney does not substantiate all of the facts at hand they may not be able 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 shackles and the US Supreme court upholds the very old legal concept.If there wasnt attorney-client privilege then the defense would not need to iron for their client in court, thus making it easier for the prosecution to not have to properly present their case. This could result in innocent people going away to prison being stripped of their liberty. One of the major concerns facing attorney-client pr ivilege is e-discovery. With the prevalence of electronic communication, preserving client confidentiality during document production is more ambitious than ever. An attorney must track and find all the information that is apt(p) to their case. This includes investigating possible electronic information.If the attorney does not have the like information that the prosecution may have it can damper the case. electronic information is not included under attorney-client privilege. Therefore, the client should privilege the attorney with any information that may be available to the prosecution through e-discovery. 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.