Legal Question in Criminal Law in Arizona
what if the attorney violates the attorney-client privilege by testifying in court against the client; can his new attorney file a writ of habeas corpus arguing that his clients rights were violated because of confidential communication was used against the client in trial?
1 Answer from Attorneys
There are legitimate reasons an attorney may have for revealing information from a client, and there are legal exceptions to the attorney-client privilege. The exceptions are limited, but they do exist. There would need to be an inquiry into what was revelaed, why it was revealed, and what motions and discussions were had with the trial judge prior to the testimony being given. All of this would need to be thoroughlly investigated and documented before anything could be done along the lines of a new trial. You should consult an experienced appeals attorney to discuss the facts and circumstances in more detail.
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