gitana1
Verified Attorney
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- May 31, 2005
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Is KM even able defend himself via turning on a current or former client or would this fall under attorney client privilege? If he spills the beans or rats them out even truthfully would he be disbarred? Can he even claim attorney client privilege as I’m not sure he is an attorney of record for this particular case but has represented FD in other cases. again, thanks!
If whatever they discussed came under the umbrella of seeking or giving legal advice then it is protected at this point by the privilege because no one is in imminent harm. If FD had approached him and said “I’m going to kill my wife and need advice.” that would constitute information that falls within an exception to the privilege of divulged in order to prevent that harm from occurring.
But if it had already happened and now he wants to divulge, its still protected. Unless:
1. It doesn’t come under the umbrella of seeking/giving legal advice.
2. A third party non-employee/agent of the attorney was present when their conversations went down.
Finally, being disbarred or facing other state bar discipline for divulging attorney client privileged communications is the least of this dude’s concerns. Not being able to practice law versus a couple decades in prison? I know which one I would take.
I haven’t had a chance to read his arrest warrant and no one is really talking about the evidence against him. All I see so far is he was there at Fore Group that morning Jennifer disappeared and instructed MT to answer FD’s phone (clearly to create a phone alibi for him).
My guess is he and MT were arrested on the hopes they would roll on FD? I mean there’s certainly enough for FD’s charges (IMO) but their testimony would be the icing on the cake.