4 ms·
Lawyers are not priests, nor doctors. You are misunderstanding what it means. Attorney-client privilege (in theory) only lasts up to the point where the attorne
by waps 13y ago
Lawyers are not priests, nor doctors. You are misunderstanding what it means. Attorney-client privilege (in theory) only lasts up to the point where the attorney is sure that something is illegal. If that line is crossed, there is a theoretical reporting requirement (that is not specific to lawyers).
A lawyer most certainly does not have the duty to hide the crimes or confessions of his client(s). Not in the EU, not in the US (nor does a priest or doctor, but they can legally choose to do so in most jurisdictions. Anyone who is not a priest or doctor cannot make this choice : you have to report. In practice I've never seen anyone get sued for not reporting anything outside of financials).
Now as for the interpretation of this ... You have the US way (it's not illegal until a court says it is ... there's something to be said for that), and the EU way. The problem in the EU is that a lot of tax collection agencies are less than subtle and have legal rights that mean you simply don't want to even appear to cross them. In Western Europe, a tax agent has the right to shut down any business without specifying a reason, lock any account without specifying a reason, and take anything from any premise without a reason (or lock it down).
Does this violate the relevant constitutions ? Nobody's successfully challenged it as far as I know. (Yet another reason EU criticism of NSA data collection is ridiculously hypocritical).
That doesn't change the basic principle though. If you go to a lawyer saying "I killed this guy, get me out of it", he may go to the police and report you. While the lawyer is unlikely to get sued for not warning the police, when asked a lawyer MUST testify that this has indeed happened (same thing applies to anyone else for that matter).
- stdbrouw 13y agoEhm, you're being pretty vague here. As far as I can tell, none of what you're saying applies to Belgium, a Western European country if any is, and our tax collection agency is not even close to the IRS when it comes to bullying people and businesses. And the European Union really has very little say over tax collection practices, so I imagine it's different everywhere. So what countries and what practices are you talking about exactly?
- waps 13y agoActually the "rights" I alluded to above are the ones from Belgian law, although I do know the Dutch IRS has similar rights (the Dutch one also regularly detains people without (delcared) cause).
- ebonfortress 13y agoIf attorney-client privilege works as you've described it, it doesn't make any sense. The prosecution could summon the attorney to testify and divulge all the information he has.