Legal Question in Criminal Law in Arizona

The Benefit of Attorney Client Privilege

Do the benefits that the Attorney Client Privilege provides outweight the harms that it causes in obstructing the surfacing of evidence in the court of law? Is confidentiality really important and essential between the lawyer and the client? In other words, would chilling be a major effect? Is the right to the privilege guaranteed in the 5th and 6th Amendments? Finally, does privilege on the prosecutors side prevent exculpatory evidence from surfacing that might prove the innocence of the defendant? Thank for your time in answering, I realize this is very much theory rather than a pragmatic situation, and yet I feel these are important issues that I need a second opinion on.


Asked on 9/30/03, 6:07 am

1 Answer from Attorneys
Jason Lamm Jason D. Lamm Attorney at Law

Re: The Benefit of Attorney Client Privilege

More of a philosophical issue than a direct question. Nonetheless, my opinion is that atty client privilege is vital and does not chill constitutional rights. Insofar as prosecutors are concerned, they have an absolute duty to disclose any and mitigating, exculpatory, or impeachment evidence. Look at Brady v. MD, and U.S. v. Bagley. Both are US Sup. Ct. cases.

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Answered on 9/30/03, 7:51 am


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