Not to long ago there was some discussion on privlege and if it applies after the client is deceased. We were discussing SA and her various attorneys over the years. Today I was at a friends house and we were watching "snapped". A little back ground: A married woman is having an affair with a married man, who talks him into poisoning her husband. It wasn't enough to kill him so she does the deed herself after he is released from hospital. She confessed to the boyfriend. Cops close in on boyfriend, he contacts an attorney and is told he could face murder in the 2nd degree and conspiracy charges. Boyfriend kills himself leaving a note for the wife and children (chickens**t). Cops contact the attorney for his notes so they can arrest the wife/murderer. Attorney sites "privlege". The DA took it to the Supreme Court and their decision was that after death there was no one to protect so the privlege ends when the client dies. Wouldn't it be nice to have Cats interview James Whitehouse, Shinn or any of the remaining Lawyers ??? FB
Which Supreme Court, State or Federal? Also, like every privilege, there can be acceptions. However, those can vary depending on jurisdiction.
The trial/crime took place in Alabama and the voice over didn't say if it was Fed or State. Is it still priveleged info here after the client dies? FB
Yes and No. The beginning of your answer will be found in Cal. Ev. 952, but it will address primarily the privilege as it applies to civil matters, and probate. You will also find it address in Cal.Civ. Code, and Cal. Probate. It is not a black and white answer, and you will not find a simple answer. It is a balancing act that the courts must determine, the importance of the evidence must be substantial. An interesting read for this would be Swidler & Berlin v. United States, 524 U.S. 399 (1998). It deals with information claimed necessary to move forward in a criminal case, which of all things, involves Vince Foster's suicide (rememer him?).
Thanks Dill. I understand how complicated it can become when you put in the context of Foster. Who could forget that? FB
