Client Privilege

Another interesting Evidence class tonight. We have talked about client privilege tonight. It seems that the concept is so simple, but in fact it is not easy at all. Not all communications between client and lawyer are protected. If legal advice is given in a bar or cafe, the privilege will be lost as it may be implied that the client does not treat the conversation as confidential because it is held in a public place where many people may have chance to overhear it. Our lecturer has told us a case happened in Scotland where a gangster told his lawyer that the two people in the jail was innocent and he was the true killer of the victim. The lawyer asked the Law Society of Scotland to seek permission to review the conversation. The answer was negative as it was considered as a client privilege or legal professional privilege (my lecturer does not like the term "legal professional privilege". He argues that the privilege is indeed given to client not lawyer). After 8 years, the gangster died in a fight. He asked for permission to review the conversation again. And finally he was permitted.......it was a sad case as innocent person had to be jailed for 8 years..........emoticon