On Breaking Bad, Walter White cooks Crystal Meth. He tells his wife, his wife, confides in her divorce lawyer.
The lawyer adheres to the wifes wishes not to do anything about it. Client Attorney privliges.
NOW- out side of the terms of the tv show.
What is it, if a lawyer like that, takes it upon herself, to put a recording device on, and go confront the “Walter White” in some way or another, without breaching confidentiality. Say “Walter White” isnt sensible enough to keep his yap shut, and is influenced into reacting, with details of his situation.
Whats the validity, or controversy in what the lawyer is doing? What could happen , either side of the line , decided to travel?
I am even more convinced (I first mentioned it in his locked death penalty thread) that he is using a translation program to at least partly help him with English - that line is just too weird.
So, essentially, you’re saying the lawyer uses information obtained through attorney-client privilege in order to investigate, herself, an individual who is not directly her client and then reports that individual to the authorities?
Sounds like the lawyer will get disbarred if found out. The interesting question is that if she then tips off the DEA, will the DEA be able to investigate using this improperly obtained information?
Yes, the authorities can certainly act on improperly obtained information to the extent of launching there own investigations. They just won’t be able to rely on the improperly obtained information in court proceedings - e.g. to get a search warrant, to get an indictment, to secure a convction.
she is a lawyer (insert regulations of a lawyer, as attained by learning required) decided to do (is further initiative after being affiliated with the matter, on the subject of the prior) either side of the line is (leverage - neglect - cohersion)
Does it make a difference that it is her attorney and not his?
Also does A/C privelidge still apply if the crime is ongoing? Don’t they have a duty as an officer of a court to report it?
