A Problem in Privilege

• Which, when you boil it all down, means you don't know. The duty to maintain confidences is absolute, so long as it does not involve contemplated future criminal behavior, and let us assume that the duty of zealous representation would prevent any step that might result in legal jeopardy for the client. Moreover, you cannot advise or seek to persuade your client to waive the privilege solely because you are pained by having to maintain it. There are still options, however, if you can see them.

-- EbenMoglen - 18 Mar 2008