Question

The duty of the confidentiality and the attorney – client privilege are doctrines founded on the utilitarian

principles that the justice system works best if clients can speak to their attorneys freely. Nevertheless, each doctrine recognizes several instances where the importance of disclosure is deemed to outweigh the benefits of confidentiality. Should that of a client be a factor on the scale? Always, or only under certain circumstances? If the latter, what should the circumstances be?

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