Confidentiality Privilege A Basic Value in Two Different

Attorney client privilege research paper

You asked about any Connecticut rulings or legislation regarding attorney-client privilege for government lawyers and whether there are any rules or problems similar to those raised by the Starr investigation. In Connecticut, the attorney-client privilege is a common law evidentiary privilege that protects a client ' s confidential communications to an attorney when seeking legal advice. It likely exists for government lawyers in Connecticut. But because of limited case law and no statutory provision, we are unable to give you a definitive answer. Freedom of Information Commission, 795 Conn. Additionally, a number of authorities indicate that the privilege exists in the government context, including the Proposed Final Draft #6 of the Restatement of the Law Governing Lawyers, and Professor Rice ' s treatise Attorney-Client Privilege in the United States. The Starr investigation has resulted in two federal court of appeals decisions that the attorney-client privilege does not protect communications to a government lawyer about possible criminal conduct from disclosure to a grand jury. These decisions have no impact on Connecticut law.

Attorney Client Privilege Research Papers Academia edu

They address a complex area of the law because they involve one branch of the government demanding information from another branch. Florida Bar Journal. Florida Bar. 7555. HighBeam Research. 6 Jan.

7568 < >. Attorney-Client Privilege. (Review). (January 6, 7568). Retrieved January 56, 7568 from HighBeam Research: West Group announces the availability of Attorney-Client Privilege in the United States, 7d, which contains the history, theory, and purpose of privilege, and lists procedures for asserting, establishing, resolving, and appealing privilege claims.

Attorney Client Privilege Essay 634 Words StudyMode

In this two-volume set, Professor Rice adds his experiences as special master in ruling on many claims in major antitrust and patent infringement cases, giving the text a balanced blend of information and applications. Required fields are marked Required fields are marked * Attorney-client privilege assures the confidentiality of communications between an attorney and his client. This privilege is granted in order to foster candid communication between lawyer and client. In 6986, the Supreme Court found in Upjohn Co. V. United States that the privilege was intended to promote full and frank communication between attorneys and their clients and thereby promote broader public interests in the observance of the law and the administration of justice.

Generally, in U. S. Jurisdictions, four elements of the attorney-client communication must be in place in order to assure its confidentiality. First, there must be some kind of communication. Second, this communication takes place directly between the attorney and the client. Third, this communication must have been made confidentially, and fourth, the communication must be made for the purpose of receiving legal counsel.

In line with these four elements, the attorney-client privilege does not apply to conversations that the client had with the attorney unrelated to the legal matters. For instance, if the lawyer provided business advice, this information would not be privileged.

Leave a Reply

Your email address will not be published. Required fields are marked Required fields are marked *