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To: Grammar Nazi
This is what every attorney dreads. An innocent in jail or death row.

Attorney-Client privilege and its cousin "confidentiality" are the backbone of everything. This generally survives death (Supreme Court). It is also the law itself.

Based on strictly the rules of professional responsibility, the judge probably did not have a choice. Under the model rules which are similar to most states, he was OBLIGATED to report the attorney to the bar - or he could be disciplined himself.

I agree with the judge, with reservations. I don't know what I'd do in that situation, but without confidentiality, attorneys can not properly defend their clients, including innocent clients. The right to a fair trial must trump everything since anyone of use could at some point be in court like that Duke LaCrosse team.

18 posted on 05/04/2008 7:05:57 PM PDT by Darren McCarty (Just when I thought I was out, they pull me back in - Michael Corleone)
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To: Darren McCarty

Well, you get it. These knee jerk “lawyers are evil scum” types, though, clearly don’t. Of course, THEY would want THEIR lawyer to abide by that little nicety of attorney client priviledge, even post mortem for the sake of their families. But it is so much easier to hate the evil lawyers (who should quit their vile profession) and ignore the ramifications. Feel like I am reading KOs or DU - emotion based uninformed cr@p with no real understanding of what is at stake.

Should the lawyer in this case be sanctioned? I don’t know, but it is a tough issue. Did he do the right thing? For the innocent man, yes. For other innocent people who find themselves in front of a court on criminal charges? Maybe not.


37 posted on 05/04/2008 8:13:15 PM PDT by piytar
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