Attorney Client Privelege Essay

The lawyer- lymph node exclusive right, which dates back to the reign of Elizabeth I, was originally based on the concept that an attorney should non be required to testify against the lymph gland and, thereby, violate a duty of loyalty owed to the node. At that time, it was the lawyer who held the privilege. Today, the privilege is held by the client while it may be asserted by the lawyer on behalf of the client, just now the client can waive the privilege. Silverman, 1997) Although Silverman states that only the client can waive the privilege he forgot to mention that if a client discloses to his attorney that he plans on committing a crime that would wound someone else, the attorney is then obligated to report it to the authorities. If a client is discussing a matter with their attorney in a public indue and someone over hears it that can be used in court. only conversations between the attorney-client in private are considered privileged discipline.The attorney-client privilege is alpha to our criminal justice system for the simple fact that a client would be more apt to tell the truth to their attorney. When the attorney does non have all of the facts at hand they may not be able to re present tense the client appropriately. If a client knew the information they were disclosing to their attorney wasnt in confidence they may not tell the attorney what they need to know. Our Constitution protects us from wrongful imprisonment and the US independent court upholds the very old legal concept.If there wasnt attorney-client privilege then the defense would not need to fight for their client in court, thus making it easier for the criminal prosecution to not have to properly present their case. This could result in innocent people going to prison cosmos stripped of their liberty. One of the major concerns facing attorney-client privilege is e-discovery. With the prevalence of electronic communication, preserving client confidentiality during documen t production is more challenging than ever. An attorney mustiness track and find all the information that is pertinent to their case. This includes investigating realistic electronic information.If the attorney does not have the same information that the prosecution may have it can damper the case. Electronic information is not included under attorney-client privilege. Therefore, the client should privilege the attorney with any information that may be available to the prosecution through e-discovery.