what does charles fried say about attorney/client privileges

by Elisha Block 4 min read

What is attorney-client privilege and why does it matter?

the Lawyer-Client Relation Citation Charles Fried, The Lawyer as Friend: The Moral Foundations of the Lawyer-Client Relation, 85 ... I wonder if any of them agree with what I say here. The National Science Foundation, of course, underwrites only the effort, not the conclusion. ... 25-28 (1975). But see Fried, Equality and Rights in Medical Care ...

Are communications to or from a lawyer privileged?

1. Fried, The Lawyer as Friend: The Moral Foundations of the Lawyer-Client Rela-tion, 85 YALE L.J. 1060 (1976). Fried's present work seems to be more or less a logical outgrowth, or at least a capitalizing upon the philosophical suggestions, of two of his prior books. C.

Are conversations with an attorney protected by attorney client privilege?

View Fried_Lawyer-As-Friend.pdf from LAW 012 at Angeles University Foundation. The Lawyer as Friend: The Moral Foundations of the Lawyer-Client …

What is the privilege of confidentiality?

The Yale Law Journal Company, Inc. The Lawyer as Friend: The Moral Foundations of the Lawyer-Client Relation Author(s): Charles Fried Source: The Yale Law Journal, Vol. 85, No. 8 (Jul., 1976), pp. 1060-1089 Published by: The Yale Law Journal Company, Inc. Stable URL: Accessed: 01-03-2019 07:07 UTC JSTOR is a not-for-profit service that helps scholars, researchers, and …

What is true about the attorney-client privilege?

Definition. Attorney-client privilege refers to a legal privilege that works to keep confidential communications between an attorney and his or her client secret. The privilege is asserted in the face of a legal demand for the communications, such as a discovery request or a demand that the lawyer testify under oath.

Can a good lawyer be a good person Charles Fried?

In 1976 Charles Fried famously asked, “Can a good lawyer be a good person?” (“The Lawyer as Friend: The Moral Foundations of the Lawyer-Client Relation” (1976) 85 Yale LJ 1060 at 1060). Law and morality are distinct. As a consequence, lawyers sometimes represent bad people, and sometimes help people do bad things.Jan 9, 2018

What is the logical rationale that supports the existence of the attorney-client privilege?

No matter how the attorney-client privilege is articulated, there are four basic elements necessary to establish its existence: (1) a communication; (2) made between privileged persons; (3) in confidence; (4) for the purpose of seeking, obtaining or providing legal assistance to the client.

Is attorney-client privilege a constitutional right?

The sixth amendment to the United States Constitution provides that "[in all criminal prosecutions, the accused shall enjoy the right to ... have the assistance of counsel for his defense.""1 This amendment has long been construed as a guarantee of both access to counsel and the right to effective assistance of counsel ...

Do lawyers have a moral obligation?

Lawyers have a paramount duty to the court and the administration of justice. It involves a duty to the community by way of a lawyer's high ethical standards and duty to uphold the law. It goes further; there is a duty not only to obey the law but to ensure the efficient and proper administration of justice.Feb 16, 2017

What are the social obligations of an advocate?

I) Duty towards public - An advocate shall endeavor to make the laws suitable to the well being of the people . An Advocate shall guard the liberty and freedom of the people. An Advocate should protect the fundamental and human rights and respect the constitution of the nation.More items...

Why privilege is important in an attorney-client relationship?

The attorney-client relationship mandates the lawyer under a moral obligation to maintain his client's confidentiality. ... A privilege communication solely protects the client's interest and ensures open and truthful communication between lawyer and client without any fear of disclosure.Apr 29, 2017

Why is the attorney-client privilege important?

The attorney-client privilege is the backbone of the legal profession. It encourages the client to be open and honest with his or her attorney without fear that others will be able to pry into those conversations. Further, being fully informed by the client enables the attorney to provide the best legal advice.Oct 31, 2013

Are facts protected by the attorney-client privilege?

Attorney-Client privilege protects communications of facts, and not the facts that underlie these communications. A client provides an attorney with a host of facts when communicating, but the privilege does not protect these facts from disclosure – only the communications themselves.

What is the difference between confidentiality and attorney-client privilege?

The main difference between attorney-client privilege and attorney-client confidentiality is that the former is an evidentiary principle while the latter is an ethical principle.

Which of the following may not be protected under the attorney-client privilege?

Which of the following may not be protected under the attorney-client privilege? A client who orally confesses to a crime. Correct!

Do lawyers have client confidentiality?

The attorney-client privilege is a rule that preserves the confidentiality of communications between lawyers and clients. Under that rule, attorneys may not divulge their clients' secrets, nor may others force them to.