ESCUDERO, Michelle Margarette Atty. Numeriano F. Rodriguez, Jr.

Student ID No. 2017400057 PALE

A Matter of Principle: Vince Foster and the Attorney-Client Privilege

In his lecture, Atty. James Hamilton of Yale Law School, class of 1963, discussed
Vince Foster and the attorney-client privilege. Vince Foster, during his
commencement address at the University of Arkansas Law School,

“The reputation you develop for intellectual and ethical integrity will be
your greatest asset or your worst enemy. There is no victory, no advantage,
no fee, no favor which is worth even a blemish on your reputation for
intellect and integrity. Dents to the reputation in the legal profession are
irreparable.”

In the case of Swindler & Berlin vs. United States, the Supreme Court ruled that
attorney-client privilege survives the death of the client. Once the Swindler
decision was made, the dynamics of the attorney-client relationship was changed.
It appeared that clients can rest their confidence and reputation on their attorney
with the assurance that they would not be betrayed by death. With this decision, the
legal profession had more room where both clients and attorneys could speak
candidly in order to do the next right thing.