How Attorney-Client Privilege Works

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Author's Note: How Attorney Client Privilege Works

It's intriguing to me how many of our legal traditions, like attorney-client privilege, stem from ancient practices that long predate the Constitution. I think many of us forget that in England and all the countries once colonized by it, we use common law, not civil law. So, our law isn't codified, it's a fundamentally historical, evolving collection of decisions made over the centuries. In that sense, our law resembles the English language itself, which has no hard and fast code, but is instead an elastic set of traditional practices evolving through time.

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