CJS/220
CheckPoint: Attorney-Client Confidentiality
Instructor Stephen Gillespi
Student Cora Sue Clauss
11/09/2011

Attorney client confidentially has many aspects to it. It’s a basic construction in the judicial system. It can be found in Roman law, “As a basic construction in the judicial system, the privilege is an ancient device. It can be found even in Roman law—for example, Marcus Tullius Cicero, while prosecuting the governor of Sicily, could not call the governor's advocate as a witness, because if he were to have done so, the governor would have lost confidence in his own defender. Over the years, the close tie between attorney and client developed further with reforms in English Law,” (Duke L. & Tech) One reason for providing privileged confidentially is to encourage communication between the attorney and his or her client. Disclosing information to an attorney allows all information to be protected from discovery during trial, and keeping it upheld forever. Some concerns do arise concerning client confidentially. This privilege is not absolute, and must be narrowly construed since it impedes full and free discovery of the truth. Privilege belongs to the client. An attorney must properly assert the privilege on the client’s behalf and take care not to waive it. Problems arise when this privilege prevents disclosure of information that would be relevant to legal proceedings. The courts are cautious when examining objections grounded in the privilege, (Paul R. Rice)

Reference
Duke L. & Tech (www.law.duke.edu)
Paul R. Rice (www.acprivilege.com)