The attorney-client privilege is an important part of the client-lawyer relationship. Discuss the extent that the public records or open meeting laws should override the privilege.
The only way that public records or open meeting laws override the privilege of attorney-client relationship is that if the client is a government body or an organization. It can also be overridden if information is divulged to a third party that is confidential, it could waiver the privilege unless the third party’s involvement is necessary in connection with legal advice. Another way these privilege can be overrode is when the lawyers professional duty is to comply with a law or court order and to disclose information that is believed necessary to prevent death or substantial bodily harm or fraud that could result in substantial financial harm to another.
In the text, the section of “Insincerity Seemingly Is Rewarded in the Adversarial System” gives a precursor to the trial?) system. Discuss whether the need for lawyers to act zealously to win cases explains why lawyers act in sometimes “immoral” ways.
In constant argumentative situations, lawyers may tend to sometimes act in immoral ways. I have personally seen a fist fight between attorneys after a family court proceeding. I don’t know what happened after it as the cops came to separate them. But, some attorneys do act immorally to either win the case or to get convictions, prosecutors do it too but sometimes do not get caught. This is why we have the judicial system that we do because we can appeal decisions and send it off for judicial review.
Szypszak, JD, C. (2011). Understanding Law for Public Administration. Sudbury, MA: Jones and Bartlett Publishers, LLC.
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