The Law of Attorneys and Solicitors

The Law of Attorneys and Solicitors

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1854 edition. Excerpt: ...e. g., the defence of the client; for where documents are delivered for the purpose of raising money on, &c., an attorney, any more than an ordinary person, will not be justified in impeding the course of justice by withholding them on the trial of a prosecution for the forgery? Mode of enforcing the Privilege.--The proper course, when an attorney or solicitor is served with a subpoena to testify, or a subpoena duces tecum to produce documents in relation to matters which he deems to be confidential, is to attend the court, the grand jury, &c., at the time and place required, and formally claim his privilege as a confidential adviser from affording the evidence, and the court will at once determine the question.1 If he take the responsibility on himself of refusing to appear, or produce the evidence required, he subjects himself to an action, or an attachment, &c.;5 and if, on the other hand, he breaks faith with the client, and be himself willing to 1 R. v. Duchess of Kingston, 20 How. St. Trials, 612. 1 Rea: v. Dia: on, 3 Burr. 1685. 3 See Reg. v.Farley, 2 Car. & Kir. 313; Reg. v. Hayward, ib. 234; Reg. v. Avery, 8 C. & P. 596, 599; see Taylor on Evidence, vol. 1, s. 675. ' See the very creditable course taken in the case of Reg. v. Farley, supra. 5 See the important judgment of Lord Ellenborough in Avery v. Long, 9 East, 481, on which Lord Denman recently observed the principle is well and forcibly asserted: see Reg. v. Carey, 7 Q. B. 162; 2 New Sess. Ca. 103, 393; 1 New Mag. Cas. 398. make the disclosure, he may be prevented doing so by the court, at the suggestion of the client at the time, l or even by inj unction;2 and may, moreover, be subject to an action for the breach of professional confidence, for the...
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Product details

  • Paperback | 148 pages
  • 189 x 246 x 8mm | 277g
  • United States
  • English
  • black & white illustrations
  • 1236915070
  • 9781236915078