Admissibility of Exculpatory Attorney-Client Communications in Criminal Cases

Arizona State Law Journal, Vol. 22, p. 895, 1990

22 Pages Posted: 25 Jun 2009

See all articles by Robert D. Bartels

Robert D. Bartels

Arizona State University (ASU) - Sandra Day O'Connor College of Law

Date Written: 1990

Abstract

The attorney-client privilege is designed to protect the confidentiality of communications that clients make to their attorneys for the purpose of facilitating the rendition of professional legal services. In the litigation context, parties almost always assert the attorney-client privilege defensively to prevent an adversary from using against a client what the client has said in confidence to his or her lawyer. This article, however, will examine what might be viewed as an affirmative use of the privilege: the introduction into evidence by a defendant in a criminal case of exculpatory statements he has made in confidence to his attorney. (from introduction)

Keywords: evidence, attorney-client privilege, criminal procedure

Suggested Citation

Bartels, Robert D., Admissibility of Exculpatory Attorney-Client Communications in Criminal Cases (1990). Arizona State Law Journal, Vol. 22, p. 895, 1990, Available at SSRN: https://ssrn.com/abstract=1415849

Robert D. Bartels (Contact Author)

Arizona State University (ASU) - Sandra Day O'Connor College of Law ( email )

Box 877906
Tempe, AZ 85287-7906
United States

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