mydailyopinions
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- Jul 3, 2008
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Anything Casey gives Jose is a confidential communication protected by attorney client privilege. The police cannot get it so long as Jose does not allow anyone else to see it (outside of his employees or other attorneys representing Casey). He would only have an obligation to notify the police if the letter contained a threat to carry out a crime in the future, not if it contained a confession of one comitted in the past. Confessions to an attorney are privileged. If the letter contains incriminating evidence, Jose would be breaching his duty to his client to reveal it to anyone else. If he gave it to Casey's parents, the police could obtain it. However, if Casey directs him to give the letter to her parents, and it contains incriminating evidence, he would have a conflict between his duty to protect his client, and to carry out her instructions. I'm not sure what he would do in that situation.
Knowing this now, makes me further believe the letter either contains a confession of guilt, or instructions on where the child can be found..
If this turns out to be the case and Casey asks that her family see the letter, will the family be indicted if they did not share the information, if it actually leads to a body?
As far as the attorney goes, I personally in his shoes would have to request she receive a new lawyer.