_____________________________________________________________________ “Civilization is not inherited; it has to be learned and earned by each generation anew; if the transmission should be interrupted for one century, civilization would die, and we should be savages again." - Will Durant
July 19, 2018, 08:51 PM
SFCUSARET
Not quite sure but Tom was not Sal's legal counsel. He is in charge of the Corleone family legal affairs which has client/laweyer privilage. His loyalty and counsel is with Michael and not Sal. Tom knows a crime is about to be commited but does he have the legal ability to report it to the authorities with out violating lawyer/client privilege? If he does report it, does he run a chance of being disbarred because of that violation? Also he would be in the same boat as Sal since he would have sold out the family.
__________________________ "Para ser libre, un hombre debe tener tres cosas, la tierra, una educacion y un fusil. Siempre un fusil !" (Emiliano Zapata)
July 20, 2018, 09:19 AM
CoolRich59
quote:
Originally posted by SFCUSARET: Tom knows a crime is about to be commited but does he have the legal ability to report it to the authorities with out violating lawyer/client privilege?
Just the opposite. Tom is Michael's lawyer and know Michael is going to have Tessio whacked.
An exception to the attorney-client privilege is a situation where the attorney is required to breach his duty of confidentiality to his client in order to prevent death or serious injury.
Rule 1.6(b)(1): A lawyer may reveal information relating to the representation of a client to the extent the lawyer reasonably believes necessary: to prevent reasonably certain death or substantial bodily harm.
I recently took a required continuing legal education class on legal ethics. The fellow teaching the class used movie clips to present the ethical dilemmas for discussion. The Tessio clip was one of the examples. It was the best CLE class I've had.
_____________________________________________________________________ “Civilization is not inherited; it has to be learned and earned by each generation anew; if the transmission should be interrupted for one century, civilization would die, and we should be savages again." - Will Durant
July 20, 2018, 12:20 PM
Aeteocles
A lawyer *may* disclose in this situation, but is not required to.
July 20, 2018, 12:59 PM
CoolRich59
I noticed that in the rule, but the instructor indicated disclosure was required. I'm in Illinois, and so the rule might be different here.
EDIT: I just checked the Illinois rule and it is mandatory.
(c) A lawyer shall reveal information relating to the representation of a client to the extent the lawyer reasonably believes necessary to prevent reasonably certain death or substantial bodily harm.
_____________________________________________________________________ “Civilization is not inherited; it has to be learned and earned by each generation anew; if the transmission should be interrupted for one century, civilization would die, and we should be savages again." - Will Durant
July 20, 2018, 05:03 PM
cne32507
Wait a minute. You're sayin' a mob lawyer should have ethics?
July 20, 2018, 10:53 PM
CoolRich59
quote:
Originally posted by cne32507: Wait a minute. You're sayin' a mob lawyer should have ethics?
Remember, this is a theoretical question.
_____________________________________________________________________ “Civilization is not inherited; it has to be learned and earned by each generation anew; if the transmission should be interrupted for one century, civilization would die, and we should be savages again." - Will Durant
July 21, 2018, 08:48 AM
senza nome
But would a lawyer have to reveal information if doing so would get him wacked?
July 22, 2018, 07:25 AM
Blume9mm
Yes, as I understand it lawyers actually 'work' for the court and are required to report any potential illegal activity that their client is planning. this is entirely different from anything the client has actually already done.
