The Right To Counsel And The Protection Of Attorney Client Privilege In Criminal Proceedings

Author : Lorena Bachmaier Winter,Stephen C. Thaman,Veronica Lynn
Publisher : Springer Nature
Page : 440 pages
File Size : 48,6 Mb
Release : 2020-06-10
Category : Law
ISBN : 9783030431235

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The Right to Counsel and the Protection of Attorney-Client Privilege in Criminal Proceedings by Lorena Bachmaier Winter,Stephen C. Thaman,Veronica Lynn Pdf

The book provides an overview of the right to counsel and the attorney-client privilege in the following 12 jurisdictions: China, Germany, Greece, Italy, Japan, the Netherlands, Portugal, Spain, Switzerland, Turkey, UK and USA. The right to counsel is a fundamental right providing the accused access to justice in criminal proceedings. Lawyers can only practice their profession properly if clients have complete trust in their lawyer’s discretion. This trust is safeguarded by the attorney-client privilege, which is an indispensable part of every constitutional state and one of the most important professional duties of a lawyer. It is of particular importance in criminal proceedings regarding the protection of the confidentiality of lawyer-client communications in the different procedural stages, coercive measures as well as the various duties and interests in play. However, the communications protected by attorney-client privilege vary greatly from country to country. With regard to criminal investigations in an increasingly globalised world, where sophisticated tools enable broad digital investigations, there is an urgent need to clarify how this fundamental right is protected at both the national and supranational level. Each chapter explores the regulations, practices and recent developments in each jurisdiction and was written by highly qualified experts in the legal field – from academia and practice alike. It identifies possible solutions and best practices, providing valuable insights for practitioners and law-making bodies alike regarding the actual protection (or lack thereof) of lawyer-client confidentiality in the pretrial and trial stage of criminal proceedings.

Author : Vincent S. Walkowiak
Publisher : American Bar Association
Page : 770 pages
File Size : 53,6 Mb
Release : 2008
Category : Law
ISBN : 1604420022

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The Attorney-client Privilege in Civil Litigation by Vincent S. Walkowiak Pdf

Previous editions published : 1997 (2nd) and 1989 (1st).

Author : American Bar Association. House of Delegates,Center for Professional Responsibility (American Bar Association)
Publisher : American Bar Association
Page : 216 pages
File Size : 42,9 Mb
Release : 2007
Category : Law
ISBN : 1590318730

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Model Rules of Professional Conduct by American Bar Association. House of Delegates,Center for Professional Responsibility (American Bar Association) Pdf

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Author : Edna Selan Epstein
Publisher : American Bar Association
Page : 1532 pages
File Size : 41,7 Mb
Release : 2007
Category : Law
ISBN : 1590318048

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The Attorney-client Privilege and the Work-product Doctrine by Edna Selan Epstein Pdf

The Attorney-Client Privilege and the Work-Product Doctrine has helped thousands of lawyers through this increasingly complex area. In addition to providing a comprehensive overview of the current law of the attorney-client and work-product immunities, the new edition includes many more case illustrations and contextual examples, as well as numerous practical tips and guidance. Practical, accurate, reliable and clear, this book is the ideal guide for a practicing litigator: intellectually rigorous, but without the theoretical and academic baggage that can make writing on this subject cumbersome and leaden.

Author : Alan Ingelson
Publisher : Unknown
Page : 0 pages
File Size : 50,6 Mb
Release : 2019
Category : Environmental law
ISBN : 1552389855

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Environment in the Courtroom by Alan Ingelson Pdf

"'Environment in the Courtroom' provides extensive insight into Canadian environmental law. Covering key environmental concepts and the unique nature of environmental damage, environmental prosecutions, sentencing and environmental offences, evidentiary issues in environmental processes and hearings, issues associated with site inspections, investigations, and enforcement, and more, this collection has the potential to make a significant difference at the level of understanding and practice. Containing perspective and insight from experienced and prominent Canadian legal practitioners and scholars, Environment in the Courtroom addresses the Canadian provinces and territories and provides context by comparison to the United States and Australia"--Provided by the publisher.

Author : Judith Seddon
Publisher : Law Business Research Ltd.
Page : 1026 pages
File Size : 51,5 Mb
Release : 2018-01-19
Category : Electronic
ISBN : 9781912377831

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Practitioner's Guide to Global Investigations by Judith Seddon Pdf

There's never been a greater likelihood a company and its key people will become embroiled in a cross-border investigation. But emerging unscarred is a challenge. Local laws and procedures on corporate offences differ extensively - and can be contradictory. To extricate oneself with minimal cost requires a nuanced ability to blend understanding of the local law with the wider dimension and, in particular, to understand where the different countries showing an interest will differ in approach, expectations or conclusions. Against this backdrop, GIR has published the second edition of The Practitioner's Guide to Global Investigation. The book is divided into two parts with chapters written exclusively by leading names in the field. Using US and UK practice and procedure, Part I tracks the development of a serious allegation (whether originating inside or outside a company) - looking at the key risks that arise and the challenges it poses, along with the opportunities for its resolution. It offers expert insight into fact-gathering (including document preservation and collection, witness interviews); structuring the investigation (the complexities of cross-border privilege issues); and strategising effectively to resolve cross-border probes and manage corporate reputation.Part II features detailed comparable surveys of the relevant law and practice in jurisdictions that build on many of the vital issues pinpointed in Part I.

Author : Vincent S. Walkowiak
Publisher : American Bar Association
Page : 528 pages
File Size : 46,9 Mb
Release : 2004
Category : Law
ISBN : 1590313941

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Attorney-client Privilege in Civil Litigation by Vincent S. Walkowiak Pdf

This edition has been substantially updated, revised and expanded wih new chapters, including Sarbanes-Oxley Act of 2002, confidentiality/communications and ethical problems. This guide addresses the problems faced when representing corporate and other clients in civil litigation.

Author : Adam Dodek
Publisher : Unknown
Page : 473 pages
File Size : 42,6 Mb
Release : 2014-03
Category : Attorney and client
ISBN : 0433465328

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Solicitor-Client Privilege by Adam Dodek Pdf

Especially useful is the examination of privilege in specific contexts, such as in civil litigation, administrative law, corporate settings, and government. Portable and immediately accessible, this useful hardcover book gives lawyers the answers they quickly need, and assurances as to when they can rely on solicitor-client privilege and when they can challenge it."--pub. desc.

Author : Oscar Rey Rodriguez,Vincent S. Walkowiak
Publisher : American Bar Association Tort Trial & Insurance Practice Section
Page : 708 pages
File Size : 47,8 Mb
Release : 2015-11-01
Category : Attorney and client
ISBN : 1634253426

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The Attorney-Client Privilege in Civil Litigation by Oscar Rey Rodriguez,Vincent S. Walkowiak Pdf

Author : Marie Alison Finkelstein
Publisher : Lexis Law Publishing (Va)
Page : 112 pages
File Size : 48,9 Mb
Release : 1988
Category : Law
ISBN : STANFORD:36105044066863

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The Right to Counsel by Marie Alison Finkelstein Pdf

Author : American Bar Association. Tort and Insurance Practice Section
Publisher : Unknown
Page : 778 pages
File Size : 41,7 Mb
Release : 1989
Category : Actions and defenses
ISBN : STANFORD:36105044202377

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The Attorney-client Privilege Under Siege by American Bar Association. Tort and Insurance Practice Section Pdf

Drawn from papers originally presented at Tort and Insurance Practice Section Spring Meeting May 10-14, 1989 Lake Buena Vista, Florida.

Author : Alan W. Bryant,John Sopinka,Sidney N. Lederman,Michelle K. Fuerst
Publisher : Unknown
Page : 1413 pages
File Size : 40,8 Mb
Release : 2009
Category : Evidence (Law)
ISBN : 0433456787

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The Law of Evidence in Canada by Alan W. Bryant,John Sopinka,Sidney N. Lederman,Michelle K. Fuerst Pdf

Introducing the new edition of Canada's leading work on evidence. Stay up-to-date on evidentiary issues with Sopinka, Lederman & Bryant - The Law of Evidence in Canada, 3rd Edition. Cited as authoritative by appellate courts throughout Canada, it is the only major Canadian treatise with in-depth coverage of both civil and criminal evidence. This new edition includes all significant changes to the law of evidence over the past decade.

Author : Jacqueline E. Ross,Stephen C. Thaman
Publisher : Edward Elgar Publishing
Page : 576 pages
File Size : 45,7 Mb
Release : 2016-06-24
Category : Law
ISBN : 9781781007198

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Comparative Criminal Procedure by Jacqueline E. Ross,Stephen C. Thaman Pdf

This Handbook presents innovative research that compares different criminal procedure systems by focusing on the mechanisms by which legal systems seek to avoid error, protect rights, ground their legitimacy, expand lay participation in the criminal process and develop alternatives to criminal trials, such as plea bargaining, as well as alternatives to the criminal process as a whole, such as intelligence operations. The criminal procedures examined in this book include those of the United States, Germany, France, Spain, Russia, India, Latin America, Taiwan and Japan, among others.

Author : Christopher S. Ruhland
Publisher : Unknown
Page : 280 pages
File Size : 52,6 Mb
Release : 2017-12-05
Category : Attorney and client
ISBN : 1402429762

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Attorney-Client Privilege Answer Book by Christopher S. Ruhland Pdf

Attorney-Client Privilege Answer Book is a practical resource for attorneys and clients seeking to understand the most significant privilege in the practice of law. The book, written in question-and-answer format, examines the boundaries of the privilege, providing guidance on issues that attorneys grapple with on a regular basis as to what is -- and is not -- covered by the privilege, and how the privilege is protected and lost.Among the topics receiving in-depth treatment are what constitutes "attorney," "client," and "communication" for purposes of the privilege; choice-of law issues; waiver; and exceptions to the privilege. The 2018 edition is updated and expanded throughout, reflecting the most current state of the law. New material in the 2018 edition includes: - New discussion of the "functional equivalent" test regarding whether the privilege applies to communications between independent contractors working for a company and the company's lawyer- New discussion of whether emails that an employee sends to his or her attorney using his or her employer's system are confidential- Updated guidance on preventing waiver of the privilege when privileged documents are inadvertently produced during discovery, using mechanisms provided by Federal Rule of Evidence 502

Author : Lorena Bachmaier Winter,Farsam Salimi
Publisher : Bloomsbury Publishing
Page : 217 pages
File Size : 54,7 Mb
Release : 2024-05-16
Category : Law
ISBN : 9781509972012

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Admissibility of Evidence in EU Cross-Border Criminal Proceedings by Lorena Bachmaier Winter,Farsam Salimi Pdf

This book provides a systematic and analytical account of the problems facing transnational criminal justice. It details actual problems arising in the transnational prosecution of crimes; assesses existing obstacles on admissibility of evidence; in particular with regard to electronic evidence, assesses the impact that the impediment of free circulation of evidence has on fundamental rights of the defendants facing criminal trial; and finally drafts a proposal for the future of regulation for this complex topic. The book therefore contributes to the debate on the creation of an Area of Freedom, Security and Justice in the EU. It offers insights on how to outline the main general rules that could be adopted at EU level in a manner that adequately balances the need for efficiency in prosecution and the protection of human rights. With contributions of renowned experts in the field, the book addresses the discussion of a potential legislative proposal with the help of insight into the experience and conceptual context of the rules of evidence at the national level. The legislative proposal was adopted by the European Law Institute, who supported the work reflected in this book.