The Smoking Gun

 

Hombre, a regular client, walks into your office with a .32 magnum Special, the barrel still smoking, and says, "I have just shot V and here is the gun." What parts of this transaction are privileged? What advice should you give Hombre about the gun? What are your professional responsibilities?

If Hombre tells you where he has hidden his gun, is that information privileged? If he tells you where he has hidden V's corpse, is that information privileged? What, if anything, should you do with either piece of information? Do the application of the privilege and the lawyer's professional or personal responsibilities vary depending on whether the client discloses to the lawyer evidence, instrumentalities, or fruits of the crime or information concerning them?



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