Legal/Law Question (mostly for Bond)

[KillerGremlin]

What's the deal with lawyer confidentiality/mandated reporting?

Like....if someone hacked up 15 people and told the lawyer, would the lawyer have legal obligation to not tell, or do they have an obligation to tell? Does the ax murderer need to be a client in order to be guaranteed these legal rights?

Are lawyers like priests? And who is more scummy...a lawyer or a pedo. So many questions!

And is it true that the older they get the more experience they have?

[bigTeedy]

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[Bond]

Originally Posted by KillerGremlin

What's the deal with lawyer confidentiality/mandated reporting?

Like....if someone hacked up 15 people and told the lawyer, would the lawyer have legal obligation to not tell, or do they have an obligation to tell? Does the ax murderer need to be a client in order to be guaranteed these legal rights?

Are lawyers like priests? And who is more scummy...a lawyer or a pedo. So many questions!

And is it true that the older they get the more experience they have?

The person needs to be a client or potential client of the lawyer to be protected under attorney-client privilege. In general, I do not believe the lawyer would be required to report the murder(s); however, the lawyer may need to recuse him/herself from a potential trial.

I know attorney-client privilege has been overruled in some specific circumstances -- normally when it was somehow in the client's interest to violate the privilege. I might be able to provide a better answer after I complete my first year of law school ().

[KillerGremlin]

Okay...so to clarify or provide some examples of situations.

Scenario: Let's say a 16-year old girl "Jane" had a child. Jane's mother wants to take custody of the child but Jane does not want the mother to do so. Jane decides she is going to contact an attorney to defend her rights as a parent...HOWEVER, Jane is concerned because there is child abuse in the household.

Legal Question: Would it be in Jane's best interest to let the lawyer know about the child abuse? And when. And if Jane did let the lawyer know about the abuse, would it be a confidential situation? In other words...would the lawyer need to report the abuse at home, or could he build a case negating the abuse or working through it?


Scenario: Other scenarios include situations such as Drew Peterson. For example...let us hypothesis that he did in fact kill his wives. In an effort to receive the best defense possible, would Drew Peterson provide his lawyer with incriminating information?

Legal Question: If Drew Peterson gave his lawyer incriminating evidence that could be useful in his defense, would his lawyer be required to report said evidence (isn't that perjury)?).


Scenario: Finally...what if someone drove drunk but hired a defense lawyer. If they confess to their lawyer about driving drunk, but are establishing a case in the court of law that the driver was in fact not drunk....how would that work? Or same goes with something like getting caught by the feds for Child Porn. Let's say some perp gets his IP flagged by the FBI. The FBI presses charges...the defendant admits to his lawyer that he did in fact look at CP...can the lawyer still defend that guy?



Sorry, I don't watch enough Law and Order or whatever. And I find this whole topic really interesting.