Attorney-client Essay Example | Topics and Well Written Essays - 500 words

Attorney-client - Essay Example Doe has advised his attorney that he did, in fact, kill the person for which he has been arrested. While Ms. Smith did not solicit this information during the discussion, she is now privy to the fact that her client is guilty. This revelation, however, does not require Ms. Smith to notify the authorities. As an officer of the court, she is precluded from putting a witness—in this case Mr. Doe—on the stand if she knows that the witness will commit perjury; but she is not mandated to turn her client in as a result of the attorney-client privilege. It should be noted that the right to have one’s discussions with an attorney kept private is absolute in the United States. In fact, courts â€Å"have considered the attorney-client privilege to be among the most fundamental testimonial privileges in the legal system" (Kressel, 2006, p. 413). The reason for this is clear, and was recently set forth by Silbert & Joannou (2006) as necessary because it â€Å"protects confi dential communications between an attorney and his client and exists to encourage full and frank communication between attorneys and their clients and thereby promote broader public interests in the observance of law and administration of justice" (Silbert & Joannou, 2006, p. 1225). Thus, with just these facts, it is understood that Mr. Doe is safe from prosecution as a result of his attorney’s knowledge; he won’t be put on the stand to testify in his own defense, but he will not be revealed as the murderer by Ms. Smith either. His secret is safe with his attorney, who will mount an aggressive defense and force the prosecution to prove its case beyond a reasonable doubt. Only one added fact could change this dynamic and actually reverse the situation. Assuming all facts as provided above, add the fact that during their conversations, Mr. Doe not only reveals that he is the killer, but is holding the child of the victim hostage in his basement. At this point, Ms. Smith has no