Download Professional Testimonial Privileges by Ido Baum PDF

By Ido Baum

Lawyers, accountants, and newshounds play a major function as gatekeepers and displays opposed to wrongdoing in selling company compliance with the legislations. those 3 expert teams assert that the testimonial privilege is important for the effective functionality in their position. Ido Baum explores the pro testimonial privileges of lawyers, accountants, and reporters within the usa, England, and Germany. He exhibits that the jurisdictions of those nations characterize starkly various techniques to civil technique, to company possession and keep an eye on, and to concerns just like the clash among the pursuits of freedom of speech and acceptance. the writer offers new insights into the consequences of the company lawyer-client privilege on company selection making. He additionally discusses the consequences of worldwide convergence in accounting criteria on lawyer-accountant multidisciplinary practices. eventually, he offers the 1st model-based potency comparability of the yank and English ideas in regards to the revelation of private media assets.

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If a lawyer believes that breaching the confidence of the corporate client will put a stop to the stream of work and the ensuing rents, he will be reluctant to breach the contractual duty to confidentiality. In light of these arguments, the need for court enforcement of the contractual obligation to secrecy (as well as enforcement by ethical tribunals) should be minimal. The existence of possible court enforcement of the contract (or ethical sanctions) only further decreases the likelihood that a lawyer will breach his obligation.

The Northwestern group parts ways from Bentham and Kaplow & Shavell by considering “contingent claims” that is, defence claims that can be developed only after admitting to the initial liability. For example, only after a client has admitted negligence to his lawyer can the lawyer develop a defence claim of contributory negligence. If a legitimate contingent claim exists, in the absence of a privilege it might not be discovered). The Northwestern group suggests that when the privilege does not further the opportunity to develop or raise a contingent claim there is no reason to protect it79.

Viewing the consultation of the client with the lawyer as an extension of the client's "self" and thus claiming that penetrating this confidentiality is intruding one’s autonomy. Auburn, id. Human dignity and privacy seem to be related rationales defending individuals' right to protect the information that one is most likely to wish to be kept in secret. Auburn, 14. Zacharias (1989). The same principal is applied to other professions as well. For example, in the context of journalists, the discussion revolves around the fear of "chilling the sources" in the absence of the privilege.

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