The ethical responsibility of any legal practitioner is the main topic of this case study. In this essay, we examine the application of the attorney-client confidentiality as well as any potential exceptions. The extent of the client's actions and intent are established because the attorney-client privilege exists to safeguard the client. It is significant to observe that in some states, the privilege does not even apply to asking about illegal activity.
In this assignment, we'll examine a fictitious scenario in which a client plans to physically abuse his wife as a result of an ongoing custody dispute. According to the law firm, it is mandatory that she reports the matter to the associate in charge of the case, who then informs the managing partner and from here the police or judge overseeing the case may be informed, depending on which action prevents the crime faster.
Furthermore, the professional conduct as per ABA model rules which the state has adopted, clearly outlines that the attorney-client privilege applies to transfer of information between the client and his attorney, made for the primary purpose of giving legal advice and not to assist in any form of crime or fraud. However, it is worth noting that the lawyer, has a responsibility of explaining to the client the risks of his intent and disclosure of such information upon receiving the particulars from the paralegal. This assists the associate if he/she intends to continue representing the client or if the law firm decides to report the matter.
It is important for law professionals to master the limitations of attorney-client privilege in order for them to act as impartially and ethically as possible in representing their clients.
