Attorney-Client Privilege

Often times, in today’s multimedia based society, those who are accused of heinous crimes are tried in the public eye long before the trial even starts. Defense attorneys have long been deemed as the “bad guy” in these cases, as it is assumed that these members of the legal system will do “anything” to get their clients “off”. In fact, attorneys are guided and ruled by a legal code of ethics and requirements established to assure that all members of society are treated as fairly and equally as possible within the judicial system; a judicial system that, regardless of what the public’s popular opinion may be, is grounded in the principle that one is “innocent until proven guilty”. Defense attorneys are obligated to uphold this principle by tasking the government to prove that, beyond reasonable doubt, the client they represent is guilty of the crime he or she is accused of. In order to do this, it is essential that attorneys are able to openly communicate with their clients and vice-a-versa, without fear of penalization.

Attorney-Client right to confidentiality provides and reinforces the ability of the defendant to be open and forthcoming to the attorney with information that could be beneficial or detrimental to the defendant’s case. It means that “any statement made by a client to their attorney cannot be revealed, whether the statement is made verbally, electronically, or written” ("Attorney client privilege," July). This includes self-incriminating statements and/or confessions of guilt of the crimes with which he or she has been accused. However, it must also be noted that this right to confidentiality is not absolute in all manners. It is only applicable in communication between the defendant and attorney. It is also nullified if statements to the attorney made by the defendant reveal intentions to commit further crimes or harm to another in the future, as the attorney is then required by law to intervene and notify law enforcement or face being...