The Attorney / Client Rhetoric First, Rule 1.6 is called CONFIDENTIALITY OF INFORMATION. It is NOT called Attorney-Client privilege. The thing is that Lawyers, such as the state Attorneys General, are often not even certain of their client. The Constitutional Challenge of Rule 1.6 is demonstrating the attorneys general dancing around the responsibilities of their office. From the National Association of Attorneys General we can learn about their dance moves. So, How to Decide Who Is The Client? The answer is not as simple as picking one from a list of the alternatives. A variety of courts and authors have considered the issue deciding who the client of the government attorney might be. The general consensus is that there are five possible answers to the question: - Public - Government as a whole - Branch of government in which employed - Particular agency or department - Responsible officers who make decisions with an agency or department NOW, as AG you have to maintain confidentiality of information for all of the above ‘clients’. AND You must follow Rule 1.6… and maintain confidentiality where the information - would affect the integrity of the judiciary, - would reveal the prosecutorial misconduct of their own office, or - would expose individual liability. Do you now see why lawyers are not legally allowed to even approach the unconstitutional aspects of Rule 1.6? But two pro se litigants with over 8 years of experience with the terror of injusrtice are lawfully allowed to do what the lawyers made illegal for each other to do. Healy & Krautheim can address the unconstitutionality… They file… SILENCE.
Posted on: Wed, 26 Mar 2014 18:14:06 +0000
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