Grade Policy

As I discussed in class, I do not disclose or discuss grades via email.  Should you have any question concerning your grade(s), please send me a message after the start of the Spring semester and we will meet to discuss your grade or any other concerns you may have.  Please understand I do not change any grade unless I have made a calculation error.  Have a Happy Holiday!  Rick Custin

Attorney Client Privilege Survives Death of Client

The issue of whether the attorney client privilege survives the death of a client was discussed in class.  The following provides us with an answer to this question:

"Despite the scholarly criticism, we think there are weighty reasons that counsel in favor of posthumous application. Knowing that communications will remain confidential even after death encourages the client to communicate fully and frankly with counsel. While the fear of disclosure, and the consequent withholding of information from counsel, may be reduced if disclosure is limited to posthumous disclosure in a criminal context, it seems unreasonable to assume that it vanishes altogether. Clients may be concerned about reputation, civil liability, or possible harm to friends or family. Posthumous disclosure of such communications may be a feared as disclosure during the client's lifetime." Swidler & Berlin v. United States, 524 U.S. 399 (1998)

Prior to the 1998 Supreme Court decision a majority of courts but not all recognized that the attorney client privilege did survive the death of a client.  Should the privilege survive?

      There has been a lot of controversy brewing from the Asiana Airlines flight 214 crash-landing that broke the plane apart and burst into flames short of the runway, killing 2 and leaving 180 passengers injured. The Air Line Pilot's Association International (ALAP) says that "the federal agency handling the investigation of Saturday's passenger jet crash in San Francisco had released too much information too quickly, which could lead to wrong conclusions and compromise safety". In a statement from Monday, ALAP stated "releasing data from the flight's black boxes without full investigative information for context encourages wild speculation  about the cause of the crash". If this is the case, the public, across the globe, would have enormous doubts about the safety presented to them by Asiana aircraft, and therefore hinder their actions with choosing Asiana in their future aircraft travels. I believe it is best to complete a thorough investigation that uncovers the real causes of the crash, before disclosing the information to the public, in order to decrease false speculation.

Full article: http://www.nbcnews.com/travel/pilots-union-says-probe-asiana-crash-revealed-too-much-too-6C10582948