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Attorney–client privilege or lawyer–client privilege is the common law doctrine of legal professional privilege in the United States. Attorney–client privilege is "[a] client's right to refuse to disclose and to prevent any other person from disclosing confidential communications between the client and the attorney."
2.1: Attorney's role as a candid advisor on topics within and outside of the law. [15] 3 Advocate 3.3: Duty of Candor in communications with a court. [16] 3.4: Responsibility for cooperation and fair dealing with other parties and attorneys. [17] 3.8: Special Responsibilities of a Prosecutor. [18] 4 Transactions with Persons Other Than Clients
In common law jurisdictions and some civil law jurisdictions, legal professional privilege protects all communications between a professional legal adviser (a solicitor, barrister or attorney) and his or her clients from being disclosed without the permission of the client. The privilege is that of the client and not that of the lawyer.
The duty is sourced from a combination of contract law and equity arising from the distinctive relationship between lawyer and client. The solicitor or attorney is an agent of the client under the law of agency. In contract, the duty arises from terms contained in the retainer agreement. Complementarily, equity prohibits unauthorised use or ...
The case also raises broader ethical questions about the role of the lawyer, and their obligations to their clients and society as a whole. [ 3 ] [ 10 ] The case showcases the tension between protecting a client's interest and the potential emotional harm that victims, their family, or a community might experience.
Also, a distrustful client might hide a relevant fact he thinks is incriminating, but that a skilled lawyer could turn to the client's advantage (for example, by raising affirmative defenses like self-defense). However, most jurisdictions have exceptions for situations where the lawyer has reason to believe that the client may kill or seriously ...
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The client of the city attorney is the city, and the city attorney is typically responsible to both the mayor and the city council. When the mayor and the city council disagree, or when city council members disagree among themselves, this can cause complexities, [6] such as the application and waiver of the attorney–client privilege. [7] [8]