A Problem in Privilege

I don't think we should assume that, "You can't prove the innocence of the other man because that immediately begins a search for "the real killer." Since the real killer happens to be your client, it puts you in a difficult position."

This is a little similar to assuming that helping one person study for a law school final will inadvertently hurt your grade. If you can help the DA realize the man is innocent, or help his attorney prove his innocence, without directly implicating your client then you're in the clear. They may be searching for the real killer, but your client remains a member of the general population as far as anyone knows.

I may be wrong, but i don't think that zealous representation requires destroying any probability that your client is prosecuted. If you can save one man without directly implicating another, that may be the best case scenario.

-- OluwafemiMorohunfola - 02 Apr 2008