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UNit 8 Written Assignment - Essay Example

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Primarily, an attorney and his firm have a duty to the client and not the witness. A client is defined as: One who employs and retains an attorney or counsellor to advise him about some…
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UNit 8 Written Assignment
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The clients rights include: to be diligently served in the management of his business; to be informed of its progress, and; that his counsel shall not disclose what has been professionally confided to him. (Garner, 2007) The term witness is defined as one who can give a firsthand account of something seen, heard, or experienced. (Garner, 2007) An example is “a witness to the accident”. For legal purposes, a witness is :One who is called on to testify before a court; One who is called on to be present at a transaction in order to attest to what takes place; One who signs ones name to a document for the purpose of attesting to its authenticity and an attestation to a fact, statement, or event.

(Garner, 2007) The initial interview is, of course, the one unit of service that is constant across all forms of legal service delivery. It is also one of the most critical units of service. The initial interview: (1) shapes client perception of the lawyer; (2) defines the service to be provided in terms of both problem and goal; and (3) is an important opportunity for client education, e.g. confidentiality, substantive legal rights, what the client can do for himself or herself, and the need to preserve evidence.

(Alfieri 1991) In many cases the initial interview may in fact be the most significant communication before outcome determinative events such as hearing or settlement. The duty of confidentiality exists to inspire client trust and prompt candor. To achieve these purposes, clients should be informed about confidentiality at the very outset of the relationship. The most important the time to bring up attorney-client confidentiality is when you start asking questions, and offer the following sample statement: The witness is not interviewed in the same way as the client.

The witness does not have confidentiality protections, thus they are

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