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Attorney
n. pl. at·tor·neys Abbr. Att. or Atty.
A person legally appointed by another to act as
his or her agent in the transaction of
business, specifically one qualified and
licensed to act for plaintiffs and defendants
in legal proceedings.
Hiring
an Attorney
Once you hire an attorney, they have an ethical
responsibility to zealously represent you and
your interests. In the legal arena, the first
step towards protecting your rights is hiring
the right legal representation. That’s why it
is imperative that you choose an attorney
carefully; you should be confident that the
person you hire solemnly accepts this
charge.
Attorney - Client
Privilege Attorney-client
privilege is a legal concept that protects
communications between a client and his or her
attorney and keeps those communications
confidential.
The policy underlying this privilege is that
of encouraging open and honest communication
between clients and attorneys, which is thought
to promote obedience to law and reduce the
chance of illegal behavior, whether intentional
or inadvertent. As such, the attorney-client
privilege is considered as one of the strongest
privileges available under law. In the United
States, not all state courts treat attorney
communications as privileged. For example:
* Washington state law, and the
federal courts when applying federal law,
protect only client communications—an
attorney's communication will be protected as
privileged only to the extent it contains or
reveals the client's communications.
* In contrast, California state law
protects the attorney's confidential
communications pertaining only to the subject
of communications in direct relation to a
pending legal proceeding.
* California Professional Ethical Rules
for attorneys have a more expansive
interpretation of confidentiality and this
confidence includes ALL communications with a
client that is reasonably foreseeable to lead
to the discovery of confidential
communications, whether directly in relation to
representation.
Certain exceptions to the privilege allow
for the disclosure of confidential information
by attorneys, such as if the attorney
reasonably believes the disclosure is necessary
to prevent a crime that will likely result in
death or serious bodily injury, instances where
the attorney must defend himself from
accusations of negligent representation or
completion of services for receipt of a fee,
and where the court would otherwise subpoena
the attorney's disclosure in the interests of
justice.
In regards to the attorney-client privilege
as applied to legal representation in pending
judicial claims and defenses, the privilege
generally does not terminate upon the client's
death and continues on in perpetuity.
Miranda Warnng
A Miranda warning is a warning given by police
to criminal suspects in police custody, or in a
custodial situation, before they are
interrogated. A custodial situation is one in
which the suspect's freedom of movement is
restrained although he or she is not under
arrest. An incriminating statement by a suspect
will not constitute admissible evidence unless
the suspect was advised of his or her "Miranda
rights" and made a knowing, intelligent, and
voluntary waiver of those rights (the term
"Miranda rights" is somewhat misleading, as the
mandated Miranda warning simply clarifies
preexisting Constitutional rights). However, a
2004 Supreme Court ruling upheld state
"stop-and-identify" laws, allowing police to
require biographical information such as name,
date of birth, and address, without arresting
suspects or providing them Miranda
warnings.
The Miranda warnings were mandated by the
1966 United States Supreme Court decision in
the case of Miranda v. Arizona as a means of
protecting a criminal suspect's Fifth Amendment
right to avoid coercive self-incrimination.
Your
Miranda Rights
The Supreme Court did not specify the exact
wording to be used when informing a suspect of
his or her rights. However, the Court did
create a set of guidelines which must be
followed. The ruling states:
“...The person in custody must, prior to
interrogation, be clearly informed that he or
she has the right to remain silent, and that
anything the person says may be used against
that person in court; the person must be
clearly informed that he or she has the right
to consult with an attorney and to have that
attorney present during questioning, and that,
if he or she is indigent, an attorney will be
provided at no cost to represent him or
her.”
As a result, American English developed the
verb Mirandize, meaning "to read to a suspect
his or her Miranda rights" (when the suspect is
arrested).
Notably, the Miranda rights do not have to
be read in any particular order, and they do
not have to precisely match the language of the
Miranda decision, as long as they are
adequately and fully conveyed. California v.
Prysock, 453 U.S. 355 (1981).
Every U.S. jurisdiction has its own
regulations regarding what, precisely, must be
said to a person when he is arrested or placed
in a custodial situation, the typical warning
is as follows:
“You have the right to remain silent.
Anything you say can and will be used against
you in a court of law. You have the right to an
attorney present during questioning. If you
cannot afford an attorney, one will be
appointed for you. Do you understand these
rights?”
For more on your Miranda Rights, you need to
speak with a qualified attorney.
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