When you go to your doctor, lawyer or even a priest, you assume that what you say is kept secret, right? Well, not necessarily. If your name is, say, Enron or Zacarias Moussaui, don’t be so sure.
After a wave of corporate scandals and concerns over terrorism, this week the American Bar Association decided to change the rules so that lawyers can snitch on crooked clients. For those tens of thousands of people who have lost their jobs or their pensions you may say good show. Asking lawyers to act more like cops might help stop fraud before it starts. But if you are worried about your own right to confidential counsel, you may have cause for concern. Some lawyers are now saying they can no longer be trusted to keep a secret. Trading in the bad guy for the public good.
Guests:
David Wilkins, professor at Harvard University Law School;’
Lawrence Fox, partner at the law firm Drinker Biddle & Reath and former chairman of the American Bar Association Standing Committee on Ethics and Professional Responsibility;
Jeffrey Rosen, associate professor of law, George Washington University and legal affairs editor of The New Republic