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Politics : Did Slick Boink Monica? -- Ignore unavailable to you. Want to Upgrade?


To: jlallen who wrote (15820)6/9/1998 6:34:00 PM
From: MulhollandDrive  Read Replies (1) | Respond to of 20981
 
Well, either there is the attorney/client privilege for the dead person or there isn't. Who decides? The attorney? I think not.



To: jlallen who wrote (15820)6/9/1998 6:42:00 PM
From: MulhollandDrive  Read Replies (1) | Respond to of 20981
 
>>I would assume the privilege would not be asserted if the evidence gathered from conversation with Mr. Foster was exculpatory in nature.<<

Of course, but that's not for his attorney to decide. If I were the target of an investigation, let's say I was charged with a capital crime, you can be absolutely certain that I would want the attorney to testify if he had exculpatory evidence. Let's say the dead witness hated my guts and wanted to see me go to jail before he died and had no intention of coming forward with the evidence. And let's say that I somehow found out he went to his attorney, I think my right to a fair trial with full disclosure is by far more weighty than any attorney/client privilege for somebody who is now dead!