Attorney-client privilege may ethically be revoked if:
A. The client admits guilt to the defense attorney.
B. The prosecution needs to include a confession as part of exculpatory evidence.
C. The defense attorney wants to prevent her client from injuring someone.
D. The judge informally asks the attorney to do so.
Answer (2)
Attorney-client privilege can ethically be revoked if the defense attorney believes their client may injure someone, which is a valid reason for disclosure. This relates to maintaining public safety, making option C the correct choice. Other scenarios do not justify breaking the privilege.
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The concept of attorney-client privilege is essential in the legal system. It ensures that clients can communicate freely with their lawyers without fear that their confidential information will be disclosed. However, there are specific situations in which this privilege can be ethically revoked:
Admission of Guilt to the Defense Attorney (A) : Simply admitting guilt to a defense attorney does not revoke attorney-client privilege. The privilege is designed to protect the client's ability to have open and honest communications with their attorney, even if guilt is involved.
Prosecution Needs to Include a Confession (B) : Attorney-client privilege cannot be revoked simply because the prosecution requires information for their case. The privilege is meant to offer a zone of privacy for the client’s communications with their attorney.
Preventing Harm (C) : According to legal ethics, attorney-client privilege may be revoked if the attorney believes it's necessary to prevent the client from committing a crime or fraud that could result in substantial bodily harm or death to someone. This is often referred to as the 'crime-fraud exception'. Therefore, Option C - The defense attorney wants to prevent her client from injuring someone could be a valid reason for revoking attorney-client privilege.
Informal Request by a Judge (D) : An informal request by a judge does not suffice to override attorney-client privilege. Any such request would need to be made formally through legal proceedings, and the confidentiality privilege is designed to withstand casual inquiries or informal requests from a judge.
Thus, the correct choice is (C). This exception reflects the balance between maintaining client confidentiality and protecting the public from harm.
