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Attorney-Client Privilege and Limitations

Dangerous Holes in the Attorney-Client Privilege
by Glen R. Graham, Tulsa Criminal Attorney. Web:

Most people are aware of the attorney client privilege, sort of like the sacred confidential communications to your doctor or your minister, priest, or rabbi. Fewer people are aware of the ease with which the attorney-client privilege can be breached and the holes are so deep and dangerous that once you fall into the loop-hole you might not survive.

Ring ...... or musical tone ....... off goes the phone !!! Who can it be? Well, if it's a collect call from the jail or from a prison, the phone call is being recorded ! Yes, there is a message stating --- "this phone call may be recorded . . . . " --- but most people incorrectly assume that the call is not really being recorded. But, wait. Yes, it is being recorded and saved for up to three (3) years for use against the defendant. Even if the phone call is to relay information to the defendant's lawyer, the phone call is being recorded. The phone call to the lawyer's office is also recorded and the information discussed no longer "confidential" when law enforcement can listen to the conversation and has access to the conversation.

All letters in and out of the jail or prison are xeroxed and saved in a file folder with the defendant's name.

Breach of the Client Interview: If the defendant is out of custody and brings his wife or a friend or family member to the lawyer's office and they are present while the "confidential" communications take place then they become subject to possible subpoena.

1 comment:

vpinkney said...

I thought that if an attorney-client relationship has been established and the client discloses criminal activity related to another case, the attorney has to report this activity.