Thursday, August 8, 2013

Attorney-Client Confidentiality

Attorney-Client Confidentiality


            The concept of attorney-client confidentiality is the relationship, to include communication, trust, and confidentiality, between and attorney and his client. Its role to the criminal justice system is very important, since it further protects an individual's rights. This allows an attorney to effectively represent his client and bring about his defense.
            Whenever an attorney represents their client with the concept of confidentiality, they are building up trust between the two and avoids any misrepresentation of the client. Of course, this allows the attorney to represent his client to the best of their ability. Specially since if the client begins hiding and distorting facts, then the defense may not have a great outcome.
            The confidentiality concept does not always work in favor of the client. In fact, if a client intends to commit a future crime, then his or her attorney is obligated to disclose any information to prevent future harm. An attorney must be able to distinguish between a client's idle threats and serious intentions.
            A huge concern, amongst citizens and the criminal justice community, is the fact that if a suspect was to disclose honest information about crimes, then by under obligation the attorney is obligated to hold his words and remain silent. This means that attorneys may as well be defending criminals. Other cases may also appear that raise the question of whether or not an attorney should reveal confidential information about his client to the court.
            The concerns continue to occur through out communities. Both sides have more than enough evidence to support them. However, we will embrace the attorney-client confidentiality as long as it it continues to exist. The status of this concept is too important to be abolished.


References

Meyer, J. F., & Grant, D. R. (2003). The courts in our criminal justice system. Upper Saddle River, NJ: Prentice Hall.



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