Client Confidentiality

TitleClient Confidentiality
Publication TypeCase Study
Year of Publication2008
AuthorsFunke, RD, Dillard, B, Potthast, A, Boxall, SF, Carr, E, Carr, S, Diaz-Sprague, R, Elliott, D, Price, C, England, R
PublisherAssociation for Practical and Professional Ethics
Publication Languageeng
AbstractDoes a vow of client confidentiality extend past the client's death? This case examines the plight of attorney Staples Hughes who testified at a hearing for a man who may have been wrongfully accused of murder. In 1984, Hughes represented Jerry Cashwell who plead guilty to murder. A second man, Lee Wilson Hunt, was thought to be an accomplish and was convicted and sentenced to life imprisonment. Meanwhile Cashwell told his attorney he had acted alone. Hughes kept his client's secret for 22 years until he decided to testify at a hearing for Hunt after Cashwell's death. Hughes was then reported to the State Bar as violating the consent of his dead client.
NotesCase Study from the 2008 Regional Ethics Bowls. Association for Practical and Professional Ethics, 2009
Full Text