QUESTION

I am in the criminal justice program and I am trying to find the answers to these questions if you can help thank you

Asked on Jul 18th, 2011 on Criminal Law - Iowa
More details to this question:
An attorney overhears his client in a phone conversation tell the person on the other end of the conversation to eliminate the witness to the client¿s crime. Is the attorney bound by any ethics to report the intention of his client to law enforcement? Is he bound by law to report the incident? If he does not report this to law enforcement and the witness is killed, is the attorney a co-conspirator to the murder?
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1 ANSWER

General Practice Attorney serving Ontonagon, MI at Robert Peterson, Attorney at Law
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Attorney-Client Privilege is discussed in the Rules of Professional Conduct 32:1.6.  Specifically, the rule states: (b) A lawyer may reveal information relating to the representation of a client to the extent the lawyer believes is reasonably necessary : (1) to prevent reasonably certain death or substantial bodily harm... As an officer of the court (and a citizen), an attorney cannot allow an innocent party to be killed or seriously harmed. Attorney-Client privilege pertains to confidential representation conversations or actions between the attorney and client.  In this case described, there are no confidential discussions between the attorney and client.  He merely overhead a conversation.  There may be no confidentiality even involved in this case.  However, to be sure, the attorney may not be able to discuss details of the conversation until ordered by the court. A court order may need to be sought to disclose the details.  However, certain elements may still remain confidential if covered by attorney-client privilege.  The attorney in this case, as in the gun case above, should notify law enforcement without disclosing details. Failure to disclose could lead to murder charges against the attorney.
Answered on Aug 28th, 2011 at 2:12 PM

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