Many clients of attorneys are fearful of everything. They are worried that their family and friends might testify against them. They may see every action as the production of evidence. These men and women should not despair or worry when they talk to their attorney. In the vast majority of instances, every word that a person says to their attorney will be protected in a court of law.
The importance of privilege
Attorney-client privilege is the concept that protects clients and allows them to be forthright with their lawyers. A Tampa criminal lawyer cannot divulge the information that their client tells them. They are barred from telling practically anyone this wide variety of information. This rule is stronger than almost any other privacy protection except for those surrounding medical information. Attorney-client privilege is an essential part of the justice system. It has been in place for hundreds of years and is part of all relevant codes governing the actions of defense attorneys.
Attorneys can only give their clients the best defense possible if whatever they tell the attorney is protected. There may be nuance or specific aspects of a person’s case that would not be absorbed and properly argued if everything a person said to their attorney was made public. The job of an attorney is to collect evidence and testimony and then present that evidence in the best possible light to a judge or jury. In the American adversarial justice system, the prosecution does the same against a client. The judge or jury weighs the evidence as interpreted by both sides and then determines if the prosecution has proved their case beyond a reasonable doubt. This procedure only works if attorney-client privilege protects an individual.
The privilege of past acts
The privilege rule applies even to past acts. A person can confess their crime to a Tampa criminal lawyer and the attorney cannot tell another person. No matter the heinous nature of the crime, attorney-client privilege protects the client. The attorney’s job is not to find out whether or not their client committed a crime. Instead, their job is to provide the best possible defense for their clients.
Attorneys should believe their client and work to do the right thing for that client. In the rare case when an attorney believes that their client is guilty and a person they cannot defend, the best way forward is for the attorney to end the relationship and allow the client to seek another attorney. But they cannot end the relationship by instead releasing information that would be incriminating for the client. Such an action could lead a person to be quickly disbarred. Another circumstance where an attorney can leave their client without fear of punishment is if that client proposes that they and their attorney break the law. However, just a proposal cannot be used to break the tenets of attorney-client privilege because the lawyer can conceivably see it as a misguided part of a person’s case.
To prevent future acts
There is only one significant field in Tampa where attorney-client privilege does not protect an individual. That field is a situation where a person divulges that he or she is about to commit or planning to commit a crime. In that instance, an attorney has the chance to prevent fraud or serious bodily injury to another person if they speak out. As a result, he or she can break attorney-client privilege and notify authorities of a person’s intentions. The idea here is that the notion of attorney-client privilege is not as important as the idea of protecting the public. In fact, an attorney’s need to report such an action is even more important than their need to maintain a confidential relationship with their client. But such an action will always be scrutinized by the individuals in charge of lawyer credentialing.
Conclusion
Attorney-client privilege can be a complicated topic. It does not always apply to a person talking to their friend who is an attorney or conversations overheard in a public area. But in the case of an attorney talking to a client about past actions, the protection is as ironclad as anything can be in today’s society
