NOTE: ATTORNEY-CLIENT PRIVILEGE FOR NONLAWYERS? A STUDY OF BOARD OF IMMIGRATION APPEALS-ACCREDITED REPRESENTATIVES, PRIVILEGE, AND CONFIDENTIALITY Skip over navigation
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Copyright (c) 2011 Drake University
Drake Law Review

NOTE: ATTORNEY-CLIENT PRIVILEGE FOR NONLAWYERS? A STUDY OF BOARD OF IMMIGRATION APPEALS-ACCREDITED REPRESENTATIVES, PRIVILEGE, AND CONFIDENTIALITY

Winter, 2011

Drake Law Review

59 Drake L. Rev. 583

Author

Ann Naffier*

Excerpt



I. Introduction
 
This Note attempts to answer one seemingly simple question: Are the communications between clients and nonlawyer Board of Immigration Appeals-accredited (BIA-accredited) representatives protected by attorney-client privilege? As with so many questions of law, the answer is simply not clear. There is no statute, regulation, or caselaw that directly addresses this question.

At first blush, it may seem obvious that what is referred to as "attorney-client privilege" would cover only communications between attorneys and clients. In this case, the word "attorneys" refers to people who graduated from law school and passed a bar examination to become licensed attorneys. Certainly many legal authorities would hold this literal interpretation of attorney-client privilege is correct. 1 However, sometimes the purpose of a concept is not entirely encompassed in the term created to describe it. The purpose of attorney-client privilege in modern day law is to encourage clients to be honest with their legal advisors. 2 This is encouraged because legal advisors need to completely understand their clients' problems in order to give the best legal advice possible. 3 Society considers informed legal advice important because the assumption is, with such legal advice, clients will more likely obey the law. 4 In this light, the attorney-client privilege is viewed as a way to protect the justice system and ensure people are able to, and will, obey the law. 5 If this is the purpose of attorney-client privilege, it would make sense that attorney-client privilege - or some type of privilege - ...
 
 
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