Debates Forum

Debates Forum

  1. Joined
    02 Jan '06
    Moves
    10087
    28 Jul '18 01:34
    Attorney-Client Privilege

    In the law of evidence, a client's privilege to refuse to disclose, and to prevent any other person from disclosing, confidential communications between the client and his or her attorney. Such privilege protects communications between attorney and client that are made for the purpose of furnishing or obtaining professional legal advice or assistance. That privilege that permits an attorney to refuse to testify as to communications from the client. It belongs to the client, not the attorney, and hence only the client may waive it. In federal courts, state law is applied with respect to such privilege


    How can Trump's former attorney now go after his own client if Attorney-Client privilege exists?
  2. Behind the scenes
    Joined
    27 Jun '16
    Moves
    1407
    28 Jul '18 02:113 edits
    Originally posted by @whodey
    Attorney-Client Privilege

    In the law of evidence, a client's privilege to refuse to disclose, and to prevent any other person from disclosing, confidential communications between the client and his or her attorney. Such privilege protects communications between attorney and client that are made for the purpose of furnishing or obtaining professional legal ...[text shortened]... How can Trump's former attorney now go after his own client if Attorney-Client privilege exists?
    While I would defer to no1maruder or SH76 on this, I believe they are called the rules of evidence, and the law of evidence. See link # 1 below. I would also point out that as far as I can tell, while discussions about a client’s past crimes would typically be privileged, communications about a current or future crime involving a lawyer and client are not covered. See link # 2 below.

    If you're referring to Mr. Cohen here, I'd say prosecutors on Mueller's staff or in the southern disc. of N.Y. are pretty careful folks, I very much doubt they'll risk blowing a case because they've run afoul of attorney-client privilege.

    https://www.rulesofevidence.org/

    https://www.politifact.com/truth-o-meter/article/2018/apr/10/closer-look-attorney-client-privilege-after-raid-d/
  3. Standard memberHandyAndy
    Non sum qualis eram
    At the edge
    Joined
    23 Sep '06
    Moves
    18031
    28 Jul '18 02:29
    Originally posted by @whodey
    Attorney-Client Privilege

    In the law of evidence, a client's privilege to refuse to disclose, and to prevent any other person from disclosing, confidential communications between the client and his or her attorney. Such privilege protects communications between attorney and client that are made for the purpose of furnishing or obtaining professional legal ...[text shortened]... How can Trump's former attorney now go after his own client if Attorney-Client privilege exists?
    Trump waived any attorney-client privilege applying to the recording made by Cohen.
  4. Joined
    02 Jan '06
    Moves
    10087
    28 Jul '18 03:55
    Originally posted by @handyandy
    Trump waived any attorney-client privilege applying to the recording made by Cohen.
    That may be, but Trump was a former client.

    It would be akin to telling your psychiatrist some information saying, "You can talk to others about it" and some years later when they become famous getting on TV telling the world about it.

    It may be legal, but there seems to be something extremely unethical about it.

    I can't really remember anything resembling this, can anyone else?
  5. Standard memberwolfgang59
    Mr. Wolf
    at home
    Joined
    09 Jun '07
    Moves
    45641
    28 Jul '18 04:05
    Originally posted by @whodey
    How can Trump's former attorney now go after his own client if Attorney-Client privilege exists?
    You need to be on Trump's team to give him legal advice.
  6. Standard memberDeepThought
    Losing the Thread
    Cosmopolis
    Joined
    27 Oct '04
    Moves
    80056
    28 Jul '18 05:23
    Originally posted by @whodey
    That may be, but Trump was a former client.

    It would be akin to telling your psychiatrist some information saying, "You can talk to others about it" and some years later when they become famous getting on TV telling the world about it.

    It may be legal, but there seems to be something extremely unethical about it.

    I can't really remember anything resembling this, can anyone else?
    No, your analogy has the timing wrong. Your sentence is:

    It would be akin to telling your psychiatrist some information saying, "You can talk to others about it" and some years later when they become famous getting on TV telling the world about it.

    but to match the order of events in Trumpgate it should read:

    It would be akin to telling your psychiatrist some information and some years later saying, "You can talk to others about it" when they become famous getting on TV telling the world about it.
  7. Germany
    Joined
    27 Oct '08
    Moves
    3118
    28 Jul '18 07:29
    Originally posted by @wolfgang59
    You need to be on Trump's team to give him legal advice.
    Might even do better than Giuliani.
  8. Standard membershavixmir
    Guppy poo
    Sewers of Holland
    Joined
    31 Jan '04
    Moves
    56290
    28 Jul '18 12:02
    Aten’t there things like anti-terrorist laws which over-rule certain regulations?
  9. SubscriberWOLFE63
    Tra il dire e il far
    C'e di mezzo il mar!
    Joined
    06 Nov '15
    Moves
    22121
    28 Jul '18 15:18
    Originally posted by @whodey
    That may be, but Trump was a former client.

    It would be akin to telling your psychiatrist some information saying, "You can talk to others about it" and some years later when they become famous getting on TV telling the world about it.

    It may be legal, but there seems to be something extremely unethical about it.

    I can't really remember anything resembling this, can anyone else?
    I'm pretty sure that "attorney-client" privilege does not imply that an attorney and client are above the law.

    The privilege does not make their relationship inviolate to investigation. Especially when a preponderance of evidence indicates a conspiracy to commit crimes has occurred.
  10. Subscribersonhouse
    Fast and Curious
    slatington, pa, usa
    Joined
    28 Dec '04
    Moves
    52853
    28 Jul '18 15:33
    Originally posted by @wolfe63
    I'm pretty sure that "attorney-client" privilege does not imply that an attorney and client are above the law.

    The privilege does not make their relationship inviolate to investigation. Especially when a preponderance of evidence indicates a conspiracy to commit crimes has occurred.
    Client privilege say in a psychologist office visit the guy says, I just killed my wife.

    Client privilege goes out the window in such cases, the psych HAS to notify authorities.
Back to Top