How Attorney-Client Privilege Works


Lots More Information

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.

Related Articles

More Great Links

Sources

  • American Bar Association. "Attorney-Client Privilege." ABA Legal Fact Check. April 12, 2018. (June 14, 2018) https://abalegalfactcheck.com/articles/attorney-client-privilege.html
  • Apuzzo, Matt. "F.B.I. Raids Office of Trump's Longtime Lawyer Michael Cohen; Trump Calls It 'Disgraceful.'" New York Times. April 9, 2018. (June 15, 2018) https://www.nytimes.com/2018/04/09/us/politics/fbi-raids-office-of-trumps-longtime-lawyer-michael-cohen.html
  • Danilina, S. "What Is Attorney Client Privilege?" The Law Dictionary. (June 8, 2018) https://thelawdictionary.org/article/what-is-attorney-client-privilege/
  • Dashjian, Michael B. "People v. Meredith: The Attorney-Client Privilege and the Criminal Defendant's Constitutional Rights." California Law Review. Vol. 70, Issue 4, Article 10. July 1982. (June 8, 2018) https://scholarship.law.berkeley.edu/cgi/viewcontent.cgi?article=2190&context=californialawreview
  • Forde, Michael K. "The White House Counsel and Whitewater: Government Lawyers and the Scope of Privileged Communications." Yale Law & Policy Review, Vol. 16, Issue 1, Article 4. 1997. (June 8, 2018) http://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?article=1331&context=ylpr
  • Frankel, Alison. "Convicted killer Jodi Arias sues her ex-lawyer over his book about case. Reuters. Oct. 26, 2017. (June 20. 2018) https://www.reuters.com/article/legal-us-otc-arias/convicted-killer-jodi-arias-sues-her-ex-lawyer-over-his-book-about-case-idUSKBN1CV3G1
  • Hazard, Geoffrey C. Jr. "An Historical Perspective on the Attorney-Client Privilege." Faculty Scholarship Series. Paper 2406. 1978. (June 8, 2018) http://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?article=3288&context=fss_papers
  • Johnson, Kevin. "Attorney-client privilege: It's all over the news but how does it work?" USA Today. April 17, 2018. (June 8, 2018) https://www.usatoday.com/story/news/politics/2018/04/17/attorney-client-privilege-its-all-over-news-but-what-lay-manlegal-primer/523855002/
  • McDonell-Parry, Amelia. "5 Convicted Murderers Who Might Actually Be Innocent." Rolling Stone. Jan. 10, 2018. (June 11, 2018) https://www.rollingstone.com/culture/pictures/5-convicted-murderers-who-might-actually-be-innocent-w508604/jodi-arias-w508610
  • Stewart, David O. Phone interview. June 12, 2018.
  • Trump, Donald J. (@realDonaldTrump). "Attorney-client privilege is dead!" Twitter. April 10, 2018. (June 15, 2018). https://twitter.com/realDonaldTrump/status/983662868540346371