Attorney Client Privelege Essay

The lawyer- knob license, which dates stand to the reign of Elizabeth I, was originally based on the concept that an lawyer should non be required to testify against the thickening and, thereby, plunder a duty of loyalty owed to the leaf node. At that time, it was the lawyer who held the privilege. Today, the privilege is held by the client while it may be maintain by the lawyer on behalf of the client, provided the client can waive the privilege. Silverman, 1997) Although Silverman states that hardly the client can waive the privilege he forgot to mention that if a client discloses to his attorney that he plans on committing a crime that would harm someone else, the attorney is wherefore obligated to report it to the authorities. If a client is discussing a matter with their attorney in a public status and someone over hears it that can be used in court. Only conversations in the midst of the attorney-client in private are considered inside(a) information.The attorney -client privilege is important to our criminal judge system for the simple fact that a client would be more apt(predicate) to narrate the truth to their attorney. When the attorney does not have all of the facts at softwood they may not be subject to represent the client appropriately. If a client knew the information they were disclosing to their attorney wasnt in confidence they may not tell the attorney what they need to know. Our Constitution protects us from wrongful imprisonment and the US imperative court upholds the very old legal concept.If there wasnt attorney-client privilege then the defense would not need to fleck for their client in court, thus reservation it easier for the criminal prosecution to not have to properly present their case. This could result in unacquainted(p) people going to prison macrocosm stripped of their liberty. One of the major concerns set about attorney-client privilege is e-discovery. With the prevalence of electronic communication , preserving client confidentiality during document production is more challenging than ever. An attorney must track and light upon all the information that is pertinent to their case. This includes investigation possible electronic information.If the attorney does not have the same information that the prosecution may have it can muffler the case. Electronic information is not include under attorney-client privilege. Therefore, the client should privilege the attorney with any information that may be available to the prosecution through e-discovery.