Reference no: EM131578153

(1.) There are certain boundaries that should not be crossed within the legal system. One of which is attorney-client privilege. Even though is stated in the text that according to N.C state law attorney-client privilege is not absolute. The example given was that information received from a client and if kept confidential by counsel then it would assist in the commission of an ongoing crime or fraudulent act then the privilege can be waived and overruled by the courts. However, in this case Mr. Willard did not waive any rights and even though he was deceased due to a suicide his wife did not have the power to overrule his final decision. So, in my opinion the privileged information in question should remain privileged. These policies are set in place to ensure the open and honest communication between the accused and their attorney without fear of being double crossed.

(2.) If I was to make a decision on this I would agree to let the privilege stand. The only exception I would agree to is to let a trial judge hear the information disclosed as mentioned and if there was information as to whether the killer is still at large the judge could inform investigators that they either need to continue looking or they can begin moving resources to other cases. This way the family wishes are respected and the details of what we're shared stay confidential. It has been a common law practice that Attorney-client privileged conversation stay confidential forever. I agree that they should also last forever as often that is the best way to maintain a trust and working relationship between the attorney and their client