Introduction
Attorney-client privilege ensures that a client’s legal representative does not share incriminating information about his or her client to a third party. An advocate may be sued for failing to observe this law if he or she issues information provided by the client to a third party. The following discussion analyzes issues relating to attorney-client privileges and the methods that an attorney can use to share information received from his or her client in case the information in question can lead to injustice to another party.
Attorney-Client Privilege Verses an Innocent Person Imprisonment Rights
The attorney, in this case, has a legal responsibility of defending the client. The client faces a jail term for the charge of attempted murder of his girlfriend. However, his new revelation about his past crime brings into question the legality of attorney-client privilege. The privilege ensures protection of an individual who seeks legal help from any legal suit based on the information provided (Emanuel 76). In this case, if the client had shared this information with another person, then the privilege would be void. However, the privilege does not exist if the client wants to further his or her crime or conceal a past crime (Samaha 98). The attorney should report the client’s admission to a past crime to the bar or a prosecutor for further action since crime concealment is not protected by privilege laws. In addition, the attorney should report the crime since an innocent person was wrongly convicted of a crime that he did not commit (Sterba 81).
Ways of Revealing Confidential Information
It is impossible for the attorney in this case, to share the confidential information in a manner that will not compromise the client’s interest. This is because the client will be sued for first-degree murder of a girl he killed ten years ago. Murder crimes do not have a statute of limitation hence he will be prosecuted even if the crime was committed ten years ago (Samaha 107). The attorney’s responsibility to the client relates to his defense in the recent attempted murder charge and not what happened ten years ago. The attorney can inform the client that they should enter into a legal agreement with the prosecutor for the past crimes to enable the release of the wrongly convicted individual who faces life imprisonment (Sterba 65).
Punishment of Breaking Attorney-Client Privilege
The bar may punish an advocate or attorney who issues information received from a confidential communication with the client. An attorney can be disbarred for such action and the information issued ruled inadmissible in a court of law (Samuels 43). However, in this case, the attorney should not be punished since he prevented further concealment of a crime committed by the defendant. In addition, the rights of the innocent person to have a fair trial were compromised (Brody, David and James 87). The confidential information in question does not relate to the case facing the client, which is attempted murder, hence the information provided will not compromise the legal proceeding of the current case (Epstein 102). However, the client may seek legal redress in case the information is issued without his approval by claiming that he provided the facts based on the assumption that he was covered by attorney-client privilege.
Conclusion
In conclusion, attorney-client privilege ensures that a lawyer does not disclose confidential information to a third party. This privilege is limited in case the attorney is of the view that the client poses a threat to the society. In addition, past crime concealment is not protected by attorney-client privilege.
References
Brody, David, and James Acker. Criminal Law. Sudbury: Jones and Bartlett Publishers, 2010. Print.
Emanuel, Steven. Criminal Law. Austin: Wolters Kluwer Law & Business Publishers, 2007. Print.
Epstein, Edna. The Attorney-Client Privilege and the Work-Product Doctrine. Chicago: Section of Litigation, American Bar Association, 2007. Print.
Samaha, Joel. Criminal Law. Belmont: Wadsworth, 2014. Print
Samuels, Pamela. Attorney-client Privilege. Goldman House, 2012. Print.
Sterba, Mart. Legal Opinion Letters: A Comprehensive Guide to Opinion Letter Practice. New York: Wolters Kluwer Law & Business, 2012. Print.