Opposition to Clinics Tests Attorney-Client Privilege; Students Working on Pro Bono Cases Leave Schools Vulnerable to Confidentiality Challenges

This National Law Journal article draws attention to past attempts by government and private parties to pierce the protections of the attorney client relationship, specifically confidentiality, when it comes to the representation of clients by law school clinics. Several law school clinics and innocence projects have defended themselves against actions by prosecuting attorney offices and opposing parties who have attempted to obtain information that is traditionally protected by state and federal confidentiality rules. Law school clinics, public interest organizations, innocence projects, government agencies and Public Defender organizations can better protect themselves from future attempts by opposing parties to invade the attorney client privilege and seek confidential client information from student sources. The article outlines a recommended strategy for legal organizations that utilize students as both practitioners and assistants, advising how best to prepare in the present against future requests for privileged information