The Attorney-Client Privilege

2235 WordsJun 16, 20189 Pages
“With liberty and justice for all.” Now this all too familiar clause is often forgotten like the toils of soldiers on the battlefield, repeated ad nauseum throughout the echoing literature left by our founding fathers and throughout the annals of history. America has been shown to persevere through the greatest of trials truly reflecting the American patriot’s desire to not only uphold freedom, equality, justice and humanity, but also to remember the faint yearning whispers of the oppressed crying out “Let freedom ring!” According to Michmerhuizen the Attorney-Client Privilege means “The concepts of lawyer confidentiality and Attorney-Client Privilege both concern information that the lawyer must keep private and are protective of the…show more content…
The Constitution demands that each citizen “have the Assistance of Counsel for his defense” when being charged in a court of law (US Constitution). The Attorney-Client Privilege is the epicenter of the “assistance” that the founders were speaking to because without this privilege, the citizen’s counsel is flawed and incapable of producing a fair trial. In the absence of the Attorney-Client Privilege, an impartial trial could not exist. This important law exists to protect the client’s privacy, which is a main factor in the assistance of counsel for his defense. If the client were to disclose information to his attorney, which could later be used against him in court, the right to a fair and equal trial would not be upheld (www.sgrlaw.com.). Rather, this would merely remove the rights of the client, for he would not be receiving his essential due from the system. A long withstanding argument for the abolition of the privilege is that it would expedite some innocent people that have been wrongfully accused of crimes. In rebuttal to the argument that the Attorney-Client Privilege upholds Constitutional rights, there is much to be said for the Constitutional rights of those who are innocent but have been deprived of their liberty. According to the Oxford American Dictionary expedite means to make something happen sooner, or be accomplished more quickly. This would be extremely favorable towards innocent parties. In one court case
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