Evidence / crime

Question 1

Duty to produce evidence

Answer 1

An attorney must not suppress any evidence that she or her client has a legal obligation to reveal or produce, regardless of her duty of loyalty. An attorney may not obstruct access or tamper with fruits of a crime.

Question 2

Interference with evidence

Answer 2

If a client tells an attorney where an instrumentality of a crime is located, the attorney may observe it but may not touch it. If the attorney has someone retrieve the evidence, she may be compelled to testify as to the original location of evidence she moved or altered. However, the attorney may NOT REVEAL THE SOURCE OF THE INFORMATION.

Question 3

attorney client privilege

Answer 3

Communications between an attorney and the client are privileged if the communications occurred while the client was 1) seeking legal services and 2) made in confidence. Only a client may waive the privilege. Communications do not include physical evidence.