Alpo Posted December 5, 2021 Share Posted December 5, 2021 Joe Thug has been convicted of murdering Frank Friendly, and sentenced to life in prison. There is concern among some people that Mr Thug was falsely convicted - that, in the vernacular, "some other dude done it". You, as an extremely talented and experienced private investigator, have been hired to ascertain whether or not he actually did do it. In the process of your investigation you discover that Joe did not do it. He did, however, murder the entire Johnson family - all nine of them. And he was never even suspected of the crime, let alone tried for it. Would you attempt to get Joe out of jail, because he is in jail for a crime he did not commit? Or would you make the decision that Joe really belongs in jail. The world in general is better off with Joe in jail. And although Joe did not murder this one guy, he did murder nine other people. Let him rot. Link to comment Share on other sites More sharing options...
Cactus Jack Calder Posted December 5, 2021 Share Posted December 5, 2021 If we assume (I know a dangerous thing) that I have proof of all the issues, I would hand the evidence over to the DA for follow up. It is not my job to punish Joe. If I hide the fact that he is innocent of Frank’s murder I am taking justice into my own hands. In addition if it became known that I had in fact withheld evidence I might be liable for prosecution. I sure hope we can prove he killed the Johnson’s. That might get him the needle. CJ Link to comment Share on other sites More sharing options...
Red Gauntlet , SASS 60619 Posted December 5, 2021 Share Posted December 5, 2021 That's a good one. If the PI was hired by Joe's lawyer, I think the attorney-client privilege would apply. It's a statutory privilege, and extends to those working for the lawyer. If the PI was hired directly by Joe, I don't know. Is there a statutory client/PI privilege? I don't think so. The lawyer has to keep the secret (which is what it is). He can always decline the representation later if he doesn't like the situation, but that doesn't change his obligation to maintain client secrets. Link to comment Share on other sites More sharing options...
Cactus Jack Calder Posted December 5, 2021 Share Posted December 5, 2021 Does the client privilege apply to issues I was not hired to investigate (the Johnson’s murder)? If Joe or his Lawyer hired me does everything I learn about Joe come under privileged information? He didn’t tell me about the Johnson’s or ask me to investigate the Johnson’s murder. CJ Link to comment Share on other sites More sharing options...
Marshal Mo Hare, SASS #45984 Posted December 5, 2021 Share Posted December 5, 2021 Who is paying my bill? Link to comment Share on other sites More sharing options...
Red Gauntlet , SASS 60619 Posted December 5, 2021 Share Posted December 5, 2021 The attorney/client privilege, which belongs to the client, extends to the client's 'secrets', even if they don't directly relate to the representation. Are things the lanwyer finds out about the client totally without any communication by the client 'secrets'? I think so. Say I had a business client; I did real estate and company work for him. One day, accidentally, I see him coming out of a motel in another city with a beautiful woman, not his wife. I now know a secret about him, or, in other word, his secret (or one of them), not as a result of his communications to me, and not relating in any way to the subject of my representation of him. Am I ethically bound to keep his secret from others? I believe so, and that's how I would have acted. There are limitations on the privilege. If I learn that he is about to commit a serious crime (i.e. a future act, not a past act), I can go to the cops. Link to comment Share on other sites More sharing options...
Blackwater 53393 Posted December 5, 2021 Share Posted December 5, 2021 If his murdering of the Johnson family is his alibi, he’s screwed either way!! If his murder of the Johnson family isn’t part of the evidentiary trail in the Friendly murder, is that even covered by privilege?? Link to comment Share on other sites More sharing options...
Sixgun Seamus Posted December 5, 2021 Share Posted December 5, 2021 I would immediately call Alpo and ask what he would do. Link to comment Share on other sites More sharing options...
Okie Sawbones, SASS #77381 Posted December 6, 2021 Share Posted December 6, 2021 A walk down the hallway with a Makarov would suffice... Link to comment Share on other sites More sharing options...
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