Legal Question in Criminal Law in California
client intends to commit a crime
what should a paralegal do if a client that they are interviewing statse that there going to kill the ex-wife like he killed her mother how do you know that he intends to commit a crime
2 Answers from Attorneys
Re: client intends to commit a crime
You should notify his wife and the police.
Re: client intends to commit a crime
The paralegal should report this to the attorney supervising the matter and warn the ex-wife. Depending upon the circumstances, it may very well be necessary to inform the police.
California Evidence Code section 956.5 provides that "There is no [attorney-client] privilege . . . if the lawyer reasonably believes that disclosure of any confidential communication relating to representation of a client is necessary to prevent the client from committing a criminal act that the lawyer believes is likely to result in death or substantial bodily harm."
The rule in California actually was to the contrary until January 1, 1994, when this code section took effect. Most other states already had similar rules in place.
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