Karmaa
CASA Advocate
- Joined
- Jun 21, 2011
- Messages
- 582
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But if the child is still alive, I think that would be an exception to lawyer client privilege, wouldn't it? Since the crime would be in progress? Doesn't that fall under the exception?
Sorry I took so long to reply - dinner break, LOL.
No, there are really only two circumstances which permit breaking privilege. The first is if the atty. becomes aware of an impending act that is intended to cause bodily harm to another person. So, if the client says they are going to beat up the witness or kill them, the lawyer (usually) must break confidence. The second case is if the client caused the lawyer to unwittingly become involved in a crime. Like, if the lawyer took a package for the client, and there were drugs in the package.
The only other times have to do with finances. If the client doesn't pay and the lawyer has to take him to court limited parts of the privilege may be waived, and if the client brings a malpractice suit against the lawyer, limited parts could be waived.
Privilege is taken really seriously by the Bar. While on the surface it looks like it protects the client, in fact it is a huge CYA for the lawyers, and the Bar doesn't want to ever take a chance on losing that, so they don't give an inch. You can be the sleaziest ambulance chaser and the Bar won't take action, but break privilege and boom - you are toast! LOL