Ask Not For Whom the Bell Tolls, Lawyer-Client Expectation of Confidentiality

It tolls for you.

There are some things we can take for granted vis-à-vis TV cop shows.  An example is Law and Order.  How many times have we seen a lawyer claim that privilege and refuse to answer questions citing it?  Even if  the client is now deceased.  Confidentiality is the one thing the Catholic confessional, medical personnel and the lawyer-client privilege share.

This confidentiality (for lawyers) is one of  "the oldest recognized privileges for confidential communications.  The US Supreme Court has stated that by assuring confidentiality, the privilege encourages clients to make 'full and frank' disclosures to their attorneys, who are then better able to provide candid advice and effective representation."  source Wikipedia

In my digging around, I came across numerous references to Rule 1.6 Confidentiality of Information.  It goes like this, according to no lesser party than the American Bar Association. I quote:  (a) a lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent, the disclosure is impliedly  (Ed. This is a word?) authorized to carry out the representation or the disclosure is permitted by paragraph (b)

(b)  A lawyer may reveal information relating to the representation of a client to the extent the lawyer reasonably believes necessary to prevent reasonably certain death or substantial harm."  As in a client tells his lawyer, "I'm going to kill my wife's lover and this is how I'm going to do it."

I bring all of this up to mark the seeming end of lawyer-client privilege in the matter of Michael Cohen, who secretly (alleged) taped his client then Donald Trump.  Cohen in turn is now represented by another attorney by the name of Lanny Davis who released Cohen's tapes to the general population.  Cohen had to have given Davis said tapes.  Both should be disbarred.

Incidentally, let me stress that this particular column is not "O poor Donald Trump."  Instead it is meant as a head's up as to what can happen to you, me and the rest of America.