When Does Monitoring Defendants and Their Lawyers Cross the Line?

8 Pages Posted: 14 Jan 2017

See all articles by Peter A. Joy

Peter A. Joy

Washington University in St. Louis - School of Law

Kevin C. McMunigal

Case Western Reserve University School of Law

Date Written: January 12, 2017

Abstract

Recently, government officials have been intruding into attorney-client relationships in unexpected ways. These intrusions have ranged from the surreptitious recording of client attorney visits in prisons and jails, to the secret acquisition of attorney work product by a private company working for the FBI. These incidents raise important and troubling issues concerning government officials prying into attorney-client relationships and threatening the Sixth Amendment right to counsel. The incidents also raise a number of ethical issues. In this ethics column, we explore what is protected by attorney-client privilege, work product, and client confidentiality. We also analyze the obligations of lawyers advising jails, prisons, and other entities or individuals on behalf of the government concerning client confidentiality, as well as the ethical obligations of prosecutors who come into possession of confidential information.

Keywords: Ethics, Legal Ethics, Professional Responsibility, Prosectors, Jails, Prisons, Attorney-Client Privilege, Attorney Work Product, Client Confidentiality

JEL Classification: K14, K19, K39, K41, K42

Suggested Citation

Joy, Peter A. and McMunigal, Kevin C., When Does Monitoring Defendants and Their Lawyers Cross the Line? (January 12, 2017). Criminal Justice, Winter 2017; Washington University in St. Louis Legal Studies Research Paper No. 17-01-03. Available at SSRN: https://ssrn.com/abstract=2898351

Peter A. Joy (Contact Author)

Washington University in St. Louis - School of Law ( email )

Campus Box 1120
St. Louis, MO 63130
United States
313-935-6445 (Phone)

Kevin C. McMunigal

Case Western Reserve University School of Law ( email )

11075 East Boulevard
Cleveland, OH 44106-7148
United States
2163683613 (Phone)
2163682086 (Fax)

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