Attorney/Client Privilege

[jonq]

In the case of a client under police investigation for some alleged criminal wrong doing...

Does attorney/client privilege extend to a Private Investigator in the employ of the attorney?

Is the investigator bound in the same ethical manner as the attorney?

If so, does this supersede the investigators duty to uphold the law should he find compelling evidence of the clients guilt?

 

[Michael Wechsler]

Great question. If you were in the employ of the attorney, you should be covered by the attorney-client privilege. To release information in confidence would probably be a violation of the client's right's and potentially be considered a breach of the privilege or, looking at it the other way, the obligation. If employees of an attorney were not protected by privilege than the whole goal would be defeated since employees would then be subject to court subpoenas and have to state what they know. That would work... would it?

If you have an employment contract with the attorney you might also see the obligation that you have with regard to the attorney as an employee which would be a separate civil matter. It's difficult being employed in criminal defense, especially if you believe that the client deserves what he/she may get...