The Detained Client and the Duty to Keep Confidences
Advocate R represents N, charged with aggravated fraud. During a jail visit, N tells R that he has hidden 40,000 AZN in cash at his sister's apartment and asks R to retrieve it and give it to N's girlfriend, adding that if R refuses, 'my brother will handle it himself.' R explains that she cannot take possession of what may be proceeds of crime. Two days later, the investigator informally asks R whether N has disclosed the location of any assets. Separately, N's sister calls R and demands to know what N said about her. R must decide how to respond to both contacts while preserving N's defense. The trial is set in three weeks; N insists he is innocent and wants the money returned to a business partner.
1. How should R respond to the investigator's informal question about N's disclosures?
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R must decline to disclose any information N provided in the course of the professional relationship. Confidentiality under advocate-ethics rules covers all facts learned through representation, not only communications formally labeled privileged, and it survives the end of the mandate. The investigator's request is informal and unsupported by a court order; even a formal demand would not by itself override the duty. R should politely state that she cannot comment on client communications, document the request and her refusal, and inform N. If R believed the money constituted proceeds of crime, the correct route is not disclosure of the client's confidence but advising N of his rights and, where the law permits, addressing the issue through lawful procedural channels.
2. How should R handle the sister's demand to know what N said about her?
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R owes confidentiality to N, not to the sister, and must not confirm or deny anything N said. The sister is a third party with no right to the content of client communications. R should tell the sister that she cannot discuss any aspect of the representation, without revealing whether N mentioned her. R should also note the sister's call in her file and inform N, because the sister may become a witness or may be holding assets relevant to the case.
3. N asks R to collect the cash and deliver it to his girlfriend. What should R do?
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R should refuse. Taking possession of funds that may be proceeds of crime and moving them to a third party risks facilitating concealment and exposes R to criminal and disciplinary liability. R should explain the refusal, advise N on lawful options (for example, disclosing assets through proper procedure or instructing a family member to act independently and lawfully), and document the instruction and refusal. R must not act as a courier for assets connected to the alleged offense, and she should not reveal the location to anyone without a legal basis.