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Criminal Law

: Crime & Federalism

Attorney-Client Privilege and Online Assaults

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A client, not the lawyer, is the "holder" of the attorney-client privilege.  By holding the privilege, the client alone can decide whether and to what extent a lawyer may share confidential details of the lawyer's representation of the client.  There are some rare exceptions - among them is self-defense.When a client files a grievance against a lawyer, the lawyer may breach some aspects of the attorney-client privilege to defend herself.  If a client says, "My lawyer never returned my e-mails," the lawyer may share e-mails with the State Bar to prove that he was responsive to client demands.  That rule is fair, since a client shouldn't be able to deny his lawyer the right to defend herself.  Enter the Internet.  What if a former client writes: "My lawyer was terrible...continue to full post

Full post as published by Crime & Federalism on June 07, 2010 (boomark / email).

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