Attorney-Client Privilege Ana Christopherson University of Phoenix Attorney-client privilege is a concept in the courts system that allows a client to be open and honest to their attorney knowing that the details of the conversation cannot be revealed to anyone. The standard definition of attorney client privilege is as follows: The right of an attorney to refuse to disclose confidential conversations with the client. This is also protected under the terms of privilege, which protects the attorney to having to disclose conversations or other information with the client to third parties. This is in order to protect the communication, trust, and confidentiality between an attorney and a client that allows for a relationship in which an attorney can adequately represent their client (Meyer & Grant, 2003, p. 162). It is important to the criminal justice system because a client should always have adequate representation.
The attorney client privilege states that protection is only under the knowledge and communication of the client seeking legal advice in an attempt to secure legal counsel, in confidence, and is made between privileged persons. Attorney client relationships are established and protected under the privilege once a contractual agreement of representation has been agreed upon by both the attorney and the client. The client does have the authority to waive the above said privilege and from that point forward the attorney is not bound by the law to hold the information provided by the client as the client has allowed for such. In conclusion it is important to remember that an attorney cannot adequately represent anyone without knowing the whole truth and gory details behind any given issue. They must have a clear and concise understanding of the facts that may surface later and have a defense against these breaches of information.
A Negotiation in dispute is where both parties try to resolve a situation without the use of a third party. One of the advantages of negotiating is there isn’t attorney costs involved. The process is an understanding between two parties. The advantage of negotiating is there isn’t a financial burden on legal services. But the disadvantage is when one party doesn’t fulfill their end of the bargain then the case gets brought forth to court to have it put in writing.
Attorney-Client Confidentiality Guadalupe Meza CJS/220 06/06/2012 Deshonda Bailey Attorney- Client Confidentiality Attorney- client confidentiality is private conversation between a lawyer and their client that is protected from being disclosed to a third party. This confidentiality consists of communication and trust which allows an attorney to represent their client more effectively. If clients were not able to be assured of the confidentiality of the information that they tell their attorney then they would be most likely to hide or not share information that may be helpful for the attorney to defend their client. This privilege is neither uncontroversial nor is it limited. Because of the Nix v. Whiteside case in 1986 the Supreme Court decided that the clients Sixth Amendment right to assistance of counsel was not deprived when his attorney told the court that he was aware that his client intended to perjure himself when he testified in court about events that led up to the murder of the victim.
There are ethical, moral, and legal challenges mediators confront when assisting the disputing parties. It is the mediator’s ethical and legal duty to keep all communication private because confidentiality adds to the success of the mediation process. As a mediator, it is imperative to remain neutral throughout the mediation process to guarantee proper conduct. Consequently, a mediator’s individual viewpoints and principles can be challenged; therefore, by no means should the mediator ever choose sides. Maiese (2005), “It is commonly thought that if a mediator is unable to maintain a neutral stance, codes of ethics and standards of practice
The lawyer should fully represent the suspect fairly without discrimination or any nature as religious beliefs, nationality, and color among other aspects. The attorney should be fully aware of the rights of the suspect while defending him or her. In regard to right to counsel, the attorney representing the accused should always ensure confidential information stay between the two and not released to other parties. This necessary to ensure that attorney hired by a court or state, he or she would not release confidential information to
We do have legal rights which are there to protect my husband and myself. Even though the six elements of a contract are present in this contract there is inferior performance which can result either in a lawsuit or / and the contract being voided. There are obligations tied to some contracts which must be fulfilled. When entering into mutual agreement or meeting of the minds it is best to have it in writing and to have legal advice so that the legal rights of each party involved can be legally enforced which could help to reduce inferior performance on both parties reducing the chance of
To have such conviction without regard to guilt or innocence, and finally, 3. Anything her/his client says or writes to each other is kept in strict confidence. The prosecuting attorney moral obligation to make sure the evidence, whether physical or an eye witness to be used in the case or not just circumstantial. She/he must ensure that
Protecting the public interest includes protecting clients, creditors, governments, employers, etc. This principle calls for resolving conflict by remembering that the CPA’s responsibility is to the public while serving the client and employers interest. A CPA must have integrity so that they have the public trust has been served in reference to the client’s confidence and will not use the public trust for personal gain. Due care calls for continued improvement of competency and quality of service, any CPA who performs professional services without having the necessary skills is in violations of the due care standard. By continuing education to maintain ones CPA certificate helps meet this standard.
Criminal justice professionals play an important role in the court system, and if they lie on accusations and evidence, the innocent become victims of the dishonesty. A second quality that is good to see in the criminal justice professions is to be objective. It is important for our law enforcement and public servants to not let their personal goals, feelings, or prejudice to get in the way of the criminal justice goals. Objectivity ensures that the professionals will make the right choices even when they have reasons that should make them choose otherwise. A simple example of this trait could be a law enforcement officer writing a ticket to someone regardless of the relationship they may or may not have.