Law for Business 10th Edition by James Barnes,Terry Dworkin,Eric Richards

Exercise 5

Joseph Mrozek telephoned an attorney, Sam Davis, who had represented him in previous matters. The phone was answered by Davis's secretary, Melissa Shupe. She told Mrozek that Davis was unable to speak with him because he was meeting with another client. Mrozek finally stated, "Honey, I don't think you understand. I've just committed a homicide. I have to talk with Sam." During a trial in which Mrozek was charged with murdering Ritz, the prosecutor subpoenaed Shupe to testify as to the telephone conversation she had with Mrozek. The court ruled that the conversation was inadmissible because of the attorney-client privilege. In the context of the various ethical theories you read about, explain how the secretary could ethically withhold information about Mrozek's admission. In answering this question explain how a legal system could ethically permit murderers, like Mrozek, to go free because of legal rules like the attorney-client privilege.