The role that an attorney plays in protecting his client’s interests has long included the privilege of confidentiality, in the sense that a client’s defender should have the ability to discuss his client’s case with full candor, and then decide which elements of that case should make it into the courtroom. This notion has ancient precedents: when Marcus Tullius Cicero was prosecuting the governor of Sicily, during the time of the Roman Empire, he was not allowed to call the governor’s defender as a witness. The logic at the time was that if the advocate could testify, ...
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