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Read and consider the following (from the Alternative View scenario in Chapter 5, page 160 of Legal Ethics ): The argument in favor of legal
Read and consider the following (from the "Alternative View" scenario in Chapter 5, page 160 of Legal Ethics):
- The argument in favor of legal advice privilege is that, if people are to be able to access legal advice, they need to feel able to be completely open with a lawyer and free of the fear that what they say will be made public. This argument is not beyond question. One issue is whether this is any truer than with other professions. Why is legal advice different in this regard as compared with, say, psychiatry? Patients should be open with their psychiatrists and there is a public interest that they are. Certainly, there is little evidence that people go to other professionals less, or are less open with them, because these professionals do not have as strong as protection as layers have.
- Then please discuss and answer in CREAC format these following questions:
- Why the legal advice privilege exists?
- Why is there a need for the legal advice privilege, but not a need for an accountant advice privilege?
- Please include a counterargument that there is a need for an accountant advice privilege.
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