If a client is found guilty of murder, files a motion for ineffective council and it is granted, does the client waive attorney client privilege?

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If a client is found guilty of murder, files a motion for ineffective council and it is granted, does the client waive attorney client privilege?

Let’s say that during the clients case, he discloses another murder he has commited in the past. Can the attorney disclose this information to authorities if client was successful in the motion against this attorney for ineffective council? This attorney has told the client that he will have to disclose things if he goes through with the motion. Can he actually do that?

Asked on October 13, 2012 under Criminal Law, Michigan

Answers:

Gary Wilson / Wilson & Cain, P.A.

Answered 9 years ago | Contributor

WOW!  This attorney is treading on some seriously thin ice...   remember:  the attorney client privilege is the CLIENT's privilege to waive or not.  The attorney may NOT disclose confidences and secrets in this case.  An ineffective assistance of counsel (IAC) motion does not trigger a right of the former attorney to start talking.  However, if the two murders were somehow related and the client prevented the attorney from using certain information (or the attorney could not use certain testimony because of facts that hooked up the two crimes, for instance), then that may be a different story.  

 

BUT, it is very unusual for the lawyer to get involved in a subequent IAC hearing.


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