Lawyering down


 

Rod Blagojevich’s lawyer quit because his client wouldn’t listen to common sense? Boy, there’s one influence-peddling case that’s gone right off the rails. That sort of thing never happens. For a lawyer to just up and quit on his client, I mean… well… never mind.


 

Lawyering down

  1. Once again you show your bias Paul, by drawing parallels between nearly identical cases!

  2. What was that about reality having a liberal bias?

  3. Oh good, because this highlights exactly the problem I see with Blagojavich’s lawer. Harper’s lawyer did not give a reason, citing privileged information. Paliare, although as the defence attorney is a dumb person to ask, points out a reason might be “a breakdown in the lawyer-client relationship”–which could mean just about anything.

    But Blagojevich’s lawyer comes right out with “”I never require a client to do what I say, but I do require them to at least listen,” Edward Genson said”

    I’ve seen enough Law and Order to be pretty confident Americans have privileged communications with their lawyers, same as we do. So how does this lawyer get away with actually blaming the client for not listening? How is that not privileged?

    • Genson probably pushes the frame a bit. He’s a colourful guy. He was Lord Black’s lawyer.

    • I think Blagojevich’s lawyer and Harper’s lawyer basically said the same thing: their relationships with their respective clients broke down.

      Privilege is a really interesting, generally not well understood concept. Solicitor client privilege protects communications between a client and legal advisor provided the communications were made in confidence for the purpose of obtainng legal advice. The privilege belongs to the client. The privilege protects communications, not facts and facts may not be protected with privilege simply by communicating them to a lawyer. There are exceptions where solicitor-client communications will not be privileged for public policy reasons. For example, if a client seeks legal advice for the purpose of perpetrating a crime or fraud, privilege does not attach to those communications (so don’t ask a lawyer where to dump the body). If a client is perjurying him or herself in court and his/her lawyer knows it, the lawyer has an ethical duty to sit down.