Just keep this in mind - that if you are arrested now the current view is such that you can not communicate with your lawyer with any privacy and if you are charged with political crimes you may have a hard time getting a good lawyer if the government makes a habit of charging lawyers in connection with their clients crime. What smart lawyer will take a case if he feels he is defending you AND him from the gallows?
posted on April 9, 2002 01:43:09 PM new
There has always been exceptions to the privilege rules for professionals especially when it comes to the killing of innocent people.
posted on April 9, 2002 02:24:21 PM new
Sure - The professional has a duty to stop it , but there has been a change now - rather than counting on the pro doing that which was not working they are monitoring the conversations.
Just pointing out it IS going to effect your defence even if your attorney is not conspiring with you.
And it will make some attorneys cautious about what kind of cases they will take.
Once charging attorneys becomes more common and less remarkable then the chances of an attorney being framed because they are a thorn in the government's side goes way up.
posted on April 9, 2002 10:15:31 PM new
Somehow, I don't think lawyers are going to worry that the Justice Dept will be able to get a court order to tap their conversations with the bank robber that just hired them.
In this particular case attorney-client privledge does not cover being a communications pipe for further crimes. If an attorney drives the getaway car for his bank robber client, he's not an "attorney", he's a "bank robber".
posted on April 10, 2002 02:45:12 AM new
Perhaps you were not aware they no longer need a court order to listen in on the conversations between client and lawyer. This applies to ALL Federal prisoners, even those detained as material witnesses and immigration cases. As well as those accused or convicted of a crime. So yes it applies to your bank robber if he is a Federal prisoner.
As one attorney said - that makes it impossible to prepare a defense.
