One of the most controversial topics in both criminal and business is that of the attorney/client confidentiality.

The Buried Bodies Case, also known as the Lake Pleasant Bodies Case, is a mid-1970s upstate New York (Links to an external site.) court case (Links to an external site.) where defense attorneys Frank H. Armani and Francis Belge kept secret the location of the bodies of two women murdered by their client, Robert Garrow, Sr. (Links to an external site.)[1] (Links to an external site.)

Ahead of trial for an unrelated murder, Garrow confessed to his lawyers that he had murdered two missing women and hidden their bodies.[1] (Links to an external site.)[2] (Links to an external site.) Armani and Belge found the women's bodies but chose to keep the information confidential.[2] (Links to an external site.) Authorities continued to search for the missing women for months as their families grieved.[1] (Links to an external site.)[2] (Links to an external site.) When the public discovered Armani and Belge had kept this information secret, they faced criminal charges and disbarment (Links to an external site.) proceedings.[2] (Links to an external site.)[3] (Links to an external site.) The attorneys claimed they were bound by the duty of confidentiality (Links to an external site.) not to disclose information that could incriminate their client.[3] (Links to an external site.) Armani and Belge were later absolved of any wrongdoing.[4] (Links to an external site.)

The case has become a touchstone in legal ethics (Links to an external site.) courses.[1] (Links to an external site.)[4] (Links to an external site.) It highlights lawyers' ethical obligation to keep their clients' information confidential.[5] (Links to an external site.)[6] (Links to an external site.) It also showcases the ethical questions that can arise for lawyers related to confidentiality, attorney-client privilege, and clients' self-incrimination.[5] (Links to an external site.) The case has helped shape the development of ethical rules on confidentiality.[4] ----Wikipedia (Links to an external site.)

Listen to the following podcast: https://www.wnycstudios.org/podcasts/radiolab/articles/the_buried_bodies_case (Links to an external site.)

*****This is a graphical legal synopsis of the crime that occurred, you are not required to hear the podcast!

This is however the way the case is presented in law school.

Discussion Question:

1. Do you agree with the extent of the attorney/ client confidentiality regulation? What are the ethical implications for attorneys?

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[This is the body of my discussion posting.]

Title: It's the Economy, Stupid!

Date: June 4, 2009

Source: Wall Street Journal

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