FlaRiptide
New Member
Can a letter between an attorney and his client that is over two years old be placed for public view on the Internet? The client is now deceased.
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- Thread Starter FlaRiptide
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army judge
Super Moderator
That would be a violation of attorney-client privilege. The privilege does not end with the client's death. The privilege after all is not the attorney's, rather it is the client's.
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FlaRiptide
New Member
The attorney/client privilege, is that not just for the attorney to be held to? Is a 3rd party (non-attorney) also held to this privilege?
Also, in further research I found that the "after death" clause only pertains to pending claims and defences.
Thus I would assume a "general" letter in the possession of a 3rd party would not be protected under the attorney/client privilege?
Also, in further research I found that the "after death" clause only pertains to pending claims and defences.
Thus I would assume a "general" letter in the possession of a 3rd party would not be protected under the attorney/client privilege?
army judge
Super Moderator
If a person is NOT an attorney, there would be no privilege.
There also are physician-patient privilege, priest-parishioner privilege, and husband-wife privilege.
Yes, some would argue that under certain circumstances, an attorney could release certain information.
But, posting letters from your clients could have a dilatory effect on clients contemplating using your services.
Most attorneys would, however, err on the side of caution.
Why invite litigation?
It is far better to observe discretion in all things!!!
There also are physician-patient privilege, priest-parishioner privilege, and husband-wife privilege.
Yes, some would argue that under certain circumstances, an attorney could release certain information.
But, posting letters from your clients could have a dilatory effect on clients contemplating using your services.
Most attorneys would, however, err on the side of caution.
Why invite litigation?
It is far better to observe discretion in all things!!!
I could not agree more with Army Judge on this. Yes, it is possible that a letter was not within the "attorney-client" relationship. For example, a postcard to the attorney that says "Hi John, having a great time spending the weekend in the cottage with Marylin Monroe." That is clearly outside the relationship and also is not intended to be confidential. However, if it was a sealed letter that could in some way be tied to a case the attorney was handling for the client, I'd say that you should err on the side of caution.
So you understand, the "privilege" is the client's, as Army Judge said. In plain English this means that the client has a special right or "privilege" to have information kept completely confidential unless the client waives that privilege. If an attorney could freely blab the confidential words of the client, nobody would be able to trust their attorney, especially not criminal defendants. Make sense?
So you understand, the "privilege" is the client's, as Army Judge said. In plain English this means that the client has a special right or "privilege" to have information kept completely confidential unless the client waives that privilege. If an attorney could freely blab the confidential words of the client, nobody would be able to trust their attorney, especially not criminal defendants. Make sense?
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