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...A.B.A. had zealously guarded the attorney-client privilege, arguing that confidentiality is necessary for lawyers to provide the best representation. Church doctrine has held that confession can lead to absolution from God--and confidentiality is needed for people to confess their worst deeds. But now each group, while defending the core of its privilege, has taken steps to let their practitioners talk a little more...

Author: /time Magazine | Title: The New Rules for Keeping Secrets | 8/20/2001 | See Source »

...A.B.A. House of Delegates, meeting in Chicago, voted 243 to 184 in favor of a new rule that would allow lawyers to disclose client secrets to prevent "reasonably certain death or substantial bodily harm." The old rules already allowed lawyers to speak out when a client was imminently going to commit a crime. But the new policy lets lawyers speak out even when the potential for harm is not immediate and when the act is not criminal...

Author: /time Magazine | Title: The New Rules for Keeping Secrets | 8/20/2001 | See Source »

...change was prompted in part by the new scenarios lawyers are confronting daily. At one time, the great concern was a client's running out of his lawyer's office brandishing a gun. But today's practitioners have to deal with HIV-positive clients who say they're going to have sex with people and not tell them about their infection, or they may have corporate clients with plans to dump dangerous toxins. It is tempting to think the new rule is just an attempt by lawyers to protect themselves legally, but in fact they may be better off under...

Author: /time Magazine | Title: The New Rules for Keeping Secrets | 8/20/2001 | See Source »

...same meeting, however, the A.B.A. balked at adopting a companion proposal that would have allowed disclosure of client secrets when the risk of harm is only financial. Under the rejected rule, a lawyer would have been able, for example, to rat on a client who was committing fraud. The measure's critics argued that it would make the loophole too large and would too often put lawyers at odds with their clients. It could also, they warned, harm a client's legal representation by leading the client to hide significant facts from his attorney...

Author: /time Magazine | Title: The New Rules for Keeping Secrets | 8/20/2001 | See Source »

...just say he is very far away from home," she tells TIME. Woodland can talk with his lawyers, two Japanese and one American. The American lawyer, Annette Eddie-Callagain, remains hopeful but admits the politically charged atmosphere and the Japanese judicial system stack the odds against her client. "Here, you're guilty until proven innocent," says Eddie-Callagain, who returned to Okinawa after leaving the Air Force to set up an independent practice. Japan boasts a near-perfect prosecution record thanks to a standard 23-day detention period during which a suspect is questioned without the presence of a lawyer...

Author: /time Magazine | Title: Okinawa Nights | 8/13/2001 | See Source »

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