CJS 220 Week 4 ATT&CLNT Priv

CJS 220 Week 4 ATT&CLNT Priv - th Amendment right is...

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Running head: Privileged information Attorney/Client Privilege Brian C. Kennedy University of Phoenix CJS220 Steven Weber 25 June 2014 1
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Attorney/Client Privilege Abstract In order for a defense attorney, or any attorney for that fact to effectively represent the best interests of their client, open communication is a must. If a client feels a need to withhold the truth or omit relevant information for fear of reprisal or ridicule, vital facts may not be available to the attorney to mount a defense or provide adequate representation. There is a limit to this legal premise though (Meyer & Grant, 2003, p. 162). Limitations An attorney is not bound by such an agreement when their client intends to further commit an unlawful act and has made the attorney aware of that fact. This fact was raised, though not settled in Nix v. Whiteside, in which Whiteside’s attorney reported to the court that Whiteside intended to commit perjury about events leading up to a murder charge. The question arises as to whether or not a clients 6
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Unformatted text preview: th Amendment right is violated by such a practice equating in an inadequate defense. Conversely, some agree that a defense attorney is still a member of the courtroom workgroup and has a responsibility to the court as well (Meyer & Grant, 2003, p. 162). The generally accepted standard is that a lawyer is not bound by attorney/client privilege when faced with knowledge of a client’s intent to commit a crime. Crimes already committed are still protected. There is still a less established clear line of distinction as to when and when not to apply this privilege. As it stands, a Judge would be 2 Attorney/Client Privilege the arbiter of any decision on a case by case basis, with that decision afforded the same appellate channels as any other ruling by a Judge as per judicial review. 3 Attorney/Client Privilege References Meyer, J. F., & Grant, D. R. (2003). The courts in our criminal justice system. Upper Saddle River, NJ: Prentice Hall. 4...
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