The attorney has been the backbone of the judicial system in not only the United States, but the entire world for centuries. Without this fundamental the legal system as we know it would be entirely more difficult for the common man to understand. Since the earliest forms of civilization law and the judicial system has revolved around the lawyer.
Throughout the many centuries of this practice it has evolved and produced more stringent laws involving the practice, as well as an increase in policies with the clients. On of the most fundamental of these policies is the Attorney-Client relationship, a relationship bound by both legal standards and respect.
First off, the history of the attorney goes back to as early as the Greek civilizations for some, and others say it was far before that. I personally would like to consider the Hellenistic view, as it was a time of great learning as well as a time of growth in rhetoric and oration.
The first lawyers were just that basically, great speakers. Surprisingly the start of the profession was not as fashionable as it is today. The earliest paid lawyers, known as advocates, were limited by the Roman Empire.
They could be paid a maximum of 10,000 sesterces, which was a rather small sum of the time. While the job lost much of its importance during the Middle Ages, the attorney became a prevalent job shortly after the beginning of the Renaissance. The job itself has evolved greatly throughout the years as societies have strengthened their laws and governments drastically in the past few centuries. (“Lawyers”)
In contrast, the attorney-client relationship has been around in legal terms a much shorter time. While it has always been a more implied style of policy, during the mid 1800s it became a legal contract more-so for lawyers. The policy itself simply means that, much like a priest, they must promise security of confidential information and all information that the client wishes to remain between the two. (Missouri Bar) One of the earliest rulings that started the policy was a Supreme Court decision in 1850 stating that,
“There are few of the business relations of life involving a higher trust and confidence than that of attorney and client, or, generally speaking, one more honorably and faithfully discharged; few more anxiously guarded by the law, or governed by sterner principles of morality and justice; and it is the duty of the court to administer them in a corresponding spirit, and to be watchful and industrious, to see that confidence thus reposed shall not be used to the detriment or prejudice of the rights of the party bestowing it.” (“A-C Relationship: Defined…”)
Contrary to popular belief that lawyers are “evil”, almost all lawyers throughout the history of this policy have upheld this honor code. (“A-C Relationship: Defined…”)
A fairly recent story from 2004 shows the true power of the attorney-client privilege. In a 5-4 opinion, the court concluded that attorney-client privilege supersedes the requirements of the landmark state Public Disclosure Act, approved by voters as an initiative in 1972. (Court: Attorney-client privilege…”) Since the ruling in this case, most cases of similar concern have been decided in the same fashion and with close votes. Other cases such as the Moen vs. Thomas and the Disciplinary Board vs. Giese have had similar rulings. (“Implied Client: Legal Malpractice”) While the relationship between the attorney and the former client may be over, the confidentiality of the former case must remain forever. In Swidler & Berlin vs. United States we see the never ending confidence between a former client and an attorney. After the suicide of White House Counsel Vince Foster, independent counsel Kenneth Starr wanted to gain access taken by the latter. However, due to this privilege the information was kept confidential, even after death. One of the few exceptions to the Attorney-Client relationship privileges include the crime-fraud exception noted in Clark vs. the United States, but even this exception is vague in the fact it does not explain how far an attorney must be involved or know about the fraud before breaking the oath. (“Lawyers”)
The attorney client relationship itself is not based on any individuals, but instead a group. The important group in this is obviously the attorneys. These lawyers uphold this oath of confidentiality as well as ensure the privacy of their clients. While some have considered this privilege a hinder in cases, it grants a freedom from unwanted matters being publicly examined without approval. If there was a selection of a most important individual for this topic, I would have to consider the Supreme Court that “individual body”. Without their examination of the Stockton vs. Ford case in 1850, the attorney-client privilege would likely be a shadow if its current value in the judicial system.
Considering that the attorney-client privilege is largely based in the judicial section of the government, it is not a strong public topic. The most powerful conflicts that have raged behind this policy or oath has been the limitations to the confidentiality between the client and attorney. Much like in Clark vs. United States, cases involving both parties working in an illegal fashion has brought about some wish for reform in the limitations, but for the most part the privilege has been successful in creating a safe environment for the client, restoring a sense of trust and security in the judicial system. (“The Attorney-Client Relationship”).
I see the future of the attorney-client privilege being one of fairly constant stability. It appears much like the Hippocratic Oath, in which, people are ensured the best security and care from their lawyers. They expect privacy and security of their rights as well as their private information. I foresee some modifications to the limitations of this right as years go on, but that will be a slow change as it has become a fairly integrated part of the judicial system as it is currently. More than likely, any real change will evolve from a court decision largely based on this topic that a majority disapproves. Much like everything, without a large show of attention, nothing changes.
The attorney is something that will never truly change. The job has been around for much of the human existence and will likely continue to evolve as time passes. The attorney is the backbone of the legal system and without this backbone, the structure could easily fall without proper interpretation and understanding. As for the attorney-client relationship, only time will tell as to how it remains or changes. However, as a integral part of our society's legal system, it is sure to be around for a long time to come.
