Comments on: Don’t http://overlawyered.com/2009/05/dont-10/ Chronicling the high cost of our legal system Tue, 14 Feb 2012 06:39:32 -0500 http://wordpress.org/?v=2.8.4 hourly 1 By: Phaedrus http://overlawyered.com/2009/05/dont-10/comment-page-1/#comment-48772 Phaedrus Fri, 22 May 2009 04:55:45 +0000 http://overlawyered.com/?p=11297#comment-48772 I'm not a lawyer, but the attorney-client privilege generally has a number of exceptions. And one of those exceptions covers this situation. If you're talking to an attorney about how best to handle a crime you've already committed, that's privileged; but if you're talking to an attorney about how to commit a <i>future</i> crime, that's not. When last I checked, murder was a crime. So any discussions about how to murder witnesses (or anybody else) would not be privileged. And at the risk of stating the obvious, no, this is not "merely a good old-fashioned zealous defense". A lawyer is neither legally nor ethically allowed to commit crimes in order to represent a client. Of course, the real fun here will be trying to empanel a jury (assuming there's no guilty plea). I would imagine that many potential jurors would react rather negatively to being told that they were assigned to the trial of someone accused of murdering a participant of a previous trial. I’m not a lawyer, but the attorney-client privilege generally has a number of exceptions. And one of those exceptions covers this situation. If you’re talking to an attorney about how best to handle a crime you’ve already committed, that’s privileged; but if you’re talking to an attorney about how to commit a future crime, that’s not. When last I checked, murder was a crime. So any discussions about how to murder witnesses (or anybody else) would not be privileged.

And at the risk of stating the obvious, no, this is not “merely a good old-fashioned zealous defense”. A lawyer is neither legally nor ethically allowed to commit crimes in order to represent a client.

Of course, the real fun here will be trying to empanel a jury (assuming there’s no guilty plea). I would imagine that many potential jurors would react rather negatively to being told that they were assigned to the trial of someone accused of murdering a participant of a previous trial.

]]> By: Raymer http://overlawyered.com/2009/05/dont-10/comment-page-1/#comment-48753 Raymer Thu, 21 May 2009 21:13:39 +0000 http://overlawyered.com/?p=11297#comment-48753 Would that be considered excessive or merely a good old fashioned zealous defense. If they can successfully mount such a defense for themselves, they just might get off. Would that be considered excessive or merely a good old fashioned zealous defense. If they can successfully mount such a defense for themselves, they just might get off.

]]> By: Charles Platt http://overlawyered.com/2009/05/dont-10/comment-page-1/#comment-48750 Charles Platt Thu, 21 May 2009 19:38:52 +0000 http://overlawyered.com/?p=11297#comment-48750 Wondering if the case against him runs into attorney-client privilege. How come the news item already refers to the content of a taped phone call between him and a client? Wondering if the case against him runs into attorney-client privilege. How come the news item already refers to the content of a taped phone call between him and a client?

]]> By: Dr. Mary Johnson http://overlawyered.com/2009/05/dont-10/comment-page-1/#comment-48748 Dr. Mary Johnson Thu, 21 May 2009 18:16:47 +0000 http://overlawyered.com/?p=11297#comment-48748 Saw it yesterday. Amazing, just damned amazing. What about prosecutors who do not have their law licenses? http://74.125.93.132/search?q=cache:http://www.salisburypost.com/Area/051409-wagoner-us-attorney-had-suspended-license Saw it yesterday. Amazing, just damned amazing.

What about prosecutors who do not have their law licenses?

http://74.125.93.132/search?q=cache:http://www.salisburypost.com/Area/051409-wagoner-us-attorney-had-suspended-license

]]>