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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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