Confidentiality and Privilege in technologically-enhanced criminal justice systems: exploring the challenges.

Description

Confidentiality and Legal Professional/Attorney Client Privilege remain vital in ensuring those accused of criminal offences are afforded accurate legal advice and adequate legal representation. This paper adopts a comparative methodology in exploring the ways in which the increased use and intervention of technology in the lawyer-client relationship poses a risk to Legal Professional/Attorney Client Privilege. Subjects include new and ever-increasingly new methods of communication, storage of information, virtual proceedings, government access and law office searches. Common law jurisdictions of the United States of America and England and Wales form the basis of the comparative methodology, alongside a comparison with civil law systems. The paper considers how the resulting changes to the working of legal practice impacts the operation of lawyers’ ethical obligations to their clients and challenges the notion of adversarialism upon which those obligations are based. Analysis includes whether the theoretical underpinnings of a legal system, including the ethical and legal roles of its lawyers, influence the way in which technology impacts the operation of the privilege.

Period	16 Jul 2024 → 19 Jul 2024
Event title	International Legal Ethics Conference
Event type	Conference
Location	Amsterdam, NetherlandsShow on map
Degree of Recognition	International