The Right to Counsel and the Protection of Attorney-Client Privilege in Criminal Proceedings

The Right to Counsel and the Protection of Attorney-Client Privilege in Criminal Proceedings PDF

Author: Lorena Bachmaier Winter

Publisher: Springer Nature

Published: 2020-06-10

Total Pages: 440

ISBN-13: 3030431231

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The book provides an overview of the right to counsel and the attorney-client privilege in the following 12 jurisdictions: China, Germany, Greece, Italy, Japan, the Netherlands, Portugal, Spain, Switzerland, Turkey, UK and USA. The right to counsel is a fundamental right providing the accused access to justice in criminal proceedings. Lawyers can only practice their profession properly if clients have complete trust in their lawyer’s discretion. This trust is safeguarded by the attorney-client privilege, which is an indispensable part of every constitutional state and one of the most important professional duties of a lawyer. It is of particular importance in criminal proceedings regarding the protection of the confidentiality of lawyer-client communications in the different procedural stages, coercive measures as well as the various duties and interests in play. However, the communications protected by attorney-client privilege vary greatly from country to country. With regard to criminal investigations in an increasingly globalised world, where sophisticated tools enable broad digital investigations, there is an urgent need to clarify how this fundamental right is protected at both the national and supranational level. Each chapter explores the regulations, practices and recent developments in each jurisdiction and was written by highly qualified experts in the legal field – from academia and practice alike. It identifies possible solutions and best practices, providing valuable insights for practitioners and law-making bodies alike regarding the actual protection (or lack thereof) of lawyer-client confidentiality in the pretrial and trial stage of criminal proceedings.

Model Rules of Professional Conduct

Model Rules of Professional Conduct PDF

Author: American Bar Association. House of Delegates

Publisher: American Bar Association

Published: 2007

Total Pages: 216

ISBN-13: 9781590318737

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The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Practitioner's Guide to Global Investigations

Practitioner's Guide to Global Investigations PDF

Author: Judith Seddon

Publisher: Law Business Research Ltd.

Published: 2018-01-19

Total Pages: 1026

ISBN-13: 1912377837

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There's never been a greater likelihood a company and its key people will become embroiled in a cross-border investigation. But emerging unscarred is a challenge. Local laws and procedures on corporate offences differ extensively - and can be contradictory. To extricate oneself with minimal cost requires a nuanced ability to blend understanding of the local law with the wider dimension and, in particular, to understand where the different countries showing an interest will differ in approach, expectations or conclusions. Against this backdrop, GIR has published the second edition of The Practitioner's Guide to Global Investigation. The book is divided into two parts with chapters written exclusively by leading names in the field. Using US and UK practice and procedure, Part I tracks the development of a serious allegation (whether originating inside or outside a company) - looking at the key risks that arise and the challenges it poses, along with the opportunities for its resolution. It offers expert insight into fact-gathering (including document preservation and collection, witness interviews); structuring the investigation (the complexities of cross-border privilege issues); and strategising effectively to resolve cross-border probes and manage corporate reputation.Part II features detailed comparable surveys of the relevant law and practice in jurisdictions that build on many of the vital issues pinpointed in Part I.

The Attorney-client Privilege and the Work-product Doctrine

The Attorney-client Privilege and the Work-product Doctrine PDF

Author: Edna Selan Epstein

Publisher: American Bar Association

Published: 2007

Total Pages: 1532

ISBN-13: 9781590318041

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The Attorney-Client Privilege and the Work-Product Doctrine has helped thousands of lawyers through this increasingly complex area. In addition to providing a comprehensive overview of the current law of the attorney-client and work-product immunities, the new edition includes many more case illustrations and contextual examples, as well as numerous practical tips and guidance. Practical, accurate, reliable and clear, this book is the ideal guide for a practicing litigator: intellectually rigorous, but without the theoretical and academic baggage that can make writing on this subject cumbersome and leaden.

Attorney-client Privilege in Civil Litigation

Attorney-client Privilege in Civil Litigation PDF

Author: Vincent S. Walkowiak

Publisher: American Bar Association

Published: 2004

Total Pages: 528

ISBN-13: 9781590313947

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This edition has been substantially updated, revised and expanded wih new chapters, including Sarbanes-Oxley Act of 2002, confidentiality/communications and ethical problems. This guide addresses the problems faced when representing corporate and other clients in civil litigation.

The Attorney-client Privilege Under Siege

The Attorney-client Privilege Under Siege PDF

Author: American Bar Association. Tort and Insurance Practice Section

Publisher:

Published: 1989

Total Pages: 778

ISBN-13:

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Drawn from papers originally presented at Tort and Insurance Practice Section Spring Meeting May 10-14, 1989 Lake Buena Vista, Florida.

Attorney-Client Privilege Answer Book

Attorney-Client Privilege Answer Book PDF

Author: Christopher S. Ruhland

Publisher:

Published: 2017-12-05

Total Pages: 280

ISBN-13: 9781402429767

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Attorney-Client Privilege Answer Book is a practical resource for attorneys and clients seeking to understand the most significant privilege in the practice of law. The book, written in question-and-answer format, examines the boundaries of the privilege, providing guidance on issues that attorneys grapple with on a regular basis as to what is -- and is not -- covered by the privilege, and how the privilege is protected and lost.Among the topics receiving in-depth treatment are what constitutes "attorney," "client," and "communication" for purposes of the privilege; choice-of law issues; waiver; and exceptions to the privilege. The 2018 edition is updated and expanded throughout, reflecting the most current state of the law. New material in the 2018 edition includes: - New discussion of the "functional equivalent" test regarding whether the privilege applies to communications between independent contractors working for a company and the company's lawyer- New discussion of whether emails that an employee sends to his or her attorney using his or her employer's system are confidential- Updated guidance on preventing waiver of the privilege when privileged documents are inadvertently produced during discovery, using mechanisms provided by Federal Rule of Evidence 502

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