The Right to Counsel and the Protection of Attorney-Client Privilege in Criminal Proceedings

The Right to Counsel and the Protection of Attorney-Client Privilege in Criminal Proceedings
Title The Right to Counsel and the Protection of Attorney-Client Privilege in Criminal Proceedings PDF eBook
Author Lorena Bachmaier Winter
Publisher Springer Nature
Total Pages 440
Release 2020-06-10
Genre Law
ISBN 3030431231

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The book provides an overview of the right to counsel and the attorney-client privilege in the following 12 jurisdictions: China, Germany, Greece, Italy, Japan, the Netherlands, Portugal, Spain, Switzerland, Turkey, UK and USA. The right to counsel is a fundamental right providing the accused access to justice in criminal proceedings. Lawyers can only practice their profession properly if clients have complete trust in their lawyer’s discretion. This trust is safeguarded by the attorney-client privilege, which is an indispensable part of every constitutional state and one of the most important professional duties of a lawyer. It is of particular importance in criminal proceedings regarding the protection of the confidentiality of lawyer-client communications in the different procedural stages, coercive measures as well as the various duties and interests in play. However, the communications protected by attorney-client privilege vary greatly from country to country. With regard to criminal investigations in an increasingly globalised world, where sophisticated tools enable broad digital investigations, there is an urgent need to clarify how this fundamental right is protected at both the national and supranational level. Each chapter explores the regulations, practices and recent developments in each jurisdiction and was written by highly qualified experts in the legal field – from academia and practice alike. It identifies possible solutions and best practices, providing valuable insights for practitioners and law-making bodies alike regarding the actual protection (or lack thereof) of lawyer-client confidentiality in the pretrial and trial stage of criminal proceedings.

The Attorney-client Privilege in Civil Litigation

The Attorney-client Privilege in Civil Litigation
Title The Attorney-client Privilege in Civil Litigation PDF eBook
Author Vincent S. Walkowiak
Publisher American Bar Association
Total Pages 770
Release 2008
Genre Law
ISBN 9781604420029

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Previous editions published : 1997 (2nd) and 1989 (1st).

Model Rules of Professional Conduct

Model Rules of Professional Conduct
Title Model Rules of Professional Conduct PDF eBook
Author American Bar Association. House of Delegates
Publisher American Bar Association
Total Pages 216
Release 2007
Genre Law
ISBN 9781590318737

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The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Practitioner's Guide to Global Investigations

Practitioner's Guide to Global Investigations
Title Practitioner's Guide to Global Investigations PDF eBook
Author Judith Seddon
Publisher Law Business Research Ltd.
Total Pages 1026
Release 2018-01-19
Genre
ISBN 1912377837

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There's never been a greater likelihood a company and its key people will become embroiled in a cross-border investigation. But emerging unscarred is a challenge. Local laws and procedures on corporate offences differ extensively - and can be contradictory. To extricate oneself with minimal cost requires a nuanced ability to blend understanding of the local law with the wider dimension and, in particular, to understand where the different countries showing an interest will differ in approach, expectations or conclusions. Against this backdrop, GIR has published the second edition of The Practitioner's Guide to Global Investigation. The book is divided into two parts with chapters written exclusively by leading names in the field. Using US and UK practice and procedure, Part I tracks the development of a serious allegation (whether originating inside or outside a company) - looking at the key risks that arise and the challenges it poses, along with the opportunities for its resolution. It offers expert insight into fact-gathering (including document preservation and collection, witness interviews); structuring the investigation (the complexities of cross-border privilege issues); and strategising effectively to resolve cross-border probes and manage corporate reputation.Part II features detailed comparable surveys of the relevant law and practice in jurisdictions that build on many of the vital issues pinpointed in Part I.

The Attorney-client Privilege and the Work-product Doctrine

The Attorney-client Privilege and the Work-product Doctrine
Title The Attorney-client Privilege and the Work-product Doctrine PDF eBook
Author Edna Selan Epstein
Publisher American Bar Association
Total Pages 1532
Release 2007
Genre Law
ISBN 9781590318041

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The Attorney-Client Privilege and the Work-Product Doctrine has helped thousands of lawyers through this increasingly complex area. In addition to providing a comprehensive overview of the current law of the attorney-client and work-product immunities, the new edition includes many more case illustrations and contextual examples, as well as numerous practical tips and guidance. Practical, accurate, reliable and clear, this book is the ideal guide for a practicing litigator: intellectually rigorous, but without the theoretical and academic baggage that can make writing on this subject cumbersome and leaden.

Attorney-client Privilege in Civil Litigation

Attorney-client Privilege in Civil Litigation
Title Attorney-client Privilege in Civil Litigation PDF eBook
Author Vincent S. Walkowiak
Publisher American Bar Association
Total Pages 528
Release 2004
Genre Law
ISBN 9781590313947

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This edition has been substantially updated, revised and expanded wih new chapters, including Sarbanes-Oxley Act of 2002, confidentiality/communications and ethical problems. This guide addresses the problems faced when representing corporate and other clients in civil litigation.

The Attorney-client Privilege Under Siege

The Attorney-client Privilege Under Siege
Title The Attorney-client Privilege Under Siege PDF eBook
Author American Bar Association. Tort and Insurance Practice Section
Publisher
Total Pages 778
Release 1989
Genre Actions and defenses
ISBN

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Drawn from papers originally presented at Tort and Insurance Practice Section Spring Meeting May 10-14, 1989 Lake Buena Vista, Florida.