The sanctity of communications between lawyer and client, historically highly protected, could become a victim of the state’s recently passed illegal-immigration law.
In an email distributed Monday to members of the Morgan County Bar Association, lawyers were advised that they should “cautiously err on the side of disclosure” if asked by investigators to divulge information provided by clients who are undocumented immigrants.
The dilemma for lawyers comes from Sections 5 and 6 of the law, which make it a crime for an “officer of the court” to adopt a practice “that limits or restricts the enforcement of federal immigration laws by limiting communication” with immigration officials.
State statutes, case law and the ethical code applicable to lawyers define “officers of the court” to include lawyers.
The law authorizes any U.S. citizen to file a civil claim against an officer of the court who violates the section, and creates a penalty of between $1,000 and $5,000 for each day of violation.
Decatur lawyer Eric Summerford wrote the opinion recommending lawyers disclose such information after consulting with the Alabama Bar Association’s Office of General Counsel. The issue came up, Summerford said, during a continuing legal education seminar in Decatur.
“I called (the Office of General Counsel) about the ethical problem,” Summerford said. “If we tried not to run afoul of the law, would we be committing an ethical violation for which we could be brought before the bar for sanctions?”
The answer Summerford received, he said, was that the office “could not imagine the bar trying to go after a lawyer for complying with the requirements of the law.”
Summerford said it remains unclear whether state or federal investigators will seek such previously confidential client information.
“I think we’ve got to err on the side of giving the information, as much as I hate to say it,” Summerford said.
The attorney gave an example of a situation in which he suspects lawyers would have to disclose client confidences.
“Let’s say you have a client, Mr. A, who had given you his address and someone realizes you represent him,” Summerford said. “You have an investigator show up at your door wanting Mr. A’s address from you.
“Under normal circumstances I wouldn’t give them anything about a client: It’s privileged and confidential. But in this situation, it seems to me this law may impose a duty on the lawyer to give that information.”
Summerford said ethical rules contained in the Alabama Rules of Professional Conduct and the legal mandates of the immigration law are in conflict, so reassurance that the state bar association was unlikely to pursue ethical sanctions against a lawyer for following the law was important to lawyers.
The ethical rules generally prohibit lawyers from disclosing client information except “to prevent the client from committing a criminal act that the lawyer believes is likely to result in imminent death or substantial bodily harm.”
Summerford said he believes the law imposes a duty on lawyers to ask clients about their immigration status and to report their findings to a judge.
“I hate that it’s come to that, but I don’t see any way around it,” Summerford said.
“It puts certain clients we have in very difficult situations. It’s got me very concerned.”
Assistant General Counsel Jeremy McIntire of the state bar association, the state bar official with whom Summerford consulted, did not return calls. General Counsel Tony McLain said it was premature for him to discuss the issue with the media, since a court challenge is pending on the immigration law.
Allen Stoner, a Decatur lawyer who represents many immigrants seeking citizenship, said the law creates an obstacle to the attorney-client privilege.
“This directly confronts attorneys and their clients’ rights to confidentiality,” Stoner said. “It’s another example of how the law was either poorly thought out or they just didn’t care, because their intent was just to run everybody out.”
Stoner said he would be surprised if prosecutors pursued confidential information from lawyers, despite the language of the new law.
“I wonder if (state) Attorney General Luther Strange really wants to take on the bar or attorneys,” Stoner said. “I doubt he wants to pick this fight.”
A federal district court in Birmingham and a federal appeals court in Atlanta have temporarily blocked portions of the law, but have let stand Sections 5 and 6.
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Laws are written by lawyers, for lawyers. Lawyers win, "protecting," law breakers, as well as, "protecting," none law breakers. It's a social circle of parasites.
Here's how you fix this problem. You ask for legal identification from all of your clients, not just the ones you suspect might be illegal aliens. Then, if they cannot provide proof that they are in this country legally, you tell them that you cannot represent them, and refer them to the consulate of their home country to seek legal representation.
if they are illegal they dont have rights here.
Many bills aren't written by lawyers. They're introduced by various people, voted in by a legislature with few lawyers, and finally, signed into law by a dermatologist. It's no wonder that the attorney-client relationship is at stake.
whine...whine....whine.....
By the Daily of course....
I agree with Rebecca. Ask for proof that they are here legally and you cover your bases. I also agree with Felton. Why should we be concerned with a person's "rights" who is here illegally? You can be assured that if we were in another country, we wouldn't be afforded the same "rights" as the illegals are claiming here.
RUn thier Azz out! YES THAT IS THE PLAN !!! get on board or leave with them!!!
How can someone who is here ILLEGALLY have Constitutional rights?
Peggy, I'm not as shmart as other people, but I do know a few things. The Constitution itself does NOT contain the words "illegal immigrant", or any sections that make the act of crossing the border a CRIMINAL act. The federal government creates other immigration policies and laws which can be judged as Constitutional or un-Constitutional, but there is no "law" against undocumented residents in the original Constitution. As a foreigner without citizenship rights, you can't vote or run for most political offices or collect benefits, but under the 14th Amendment, you are considered to be a "person" with equal protection under the law.
The Supreme Court has ruled in favor of undocumented residents in the past, and I have no doubt they will apply the same measurement when considering HB 56. One case involved a Texas law in 1982 which prohibited children of illegal immigrants from enrolling in public schools. The Supreme Court ruled that the Texas law was unconstitutional, since the 14th Amendment did not make a distinction between "legal" and "illegal" when it came to defining a person. Other cases involved Chinese immigrants whose parents were brought here illegally to work on the railroads. The Supreme Court ruled that anyone who could prove he or she owned and occupied a permanent dwelling on US soil would be considered a "person" under the 14th Amendment, and the laws of the land apply equally to all "persons", regardless of legal residency status. We ALL have the right to call the police or enroll our children in schools or seek emergency medical aid or get paid for our work or whatever. Undocumented residents don't have any special rights not available to legal citizens, however. If they commit a criminal offense (other than crossing the border), they will be deported. Most of the 400,000 people deported this year alone by the federal government were first convicted of major crimes, not just for the act of being on this side of the border without paperwork.
I like that Amy..."If they commit a criminal offense (other than crossing the border"...........)
Amy. If you came home and found four ILLEGAL MEXICANS living in your garage, you would call the police.
What if the police refused to enforce the law and remove them. What if they not only refused to remove them, but they told you that you had to feed them, clothe them, keep them healthy, AND give them some spending money. Would you still be so adamantly opposed to making them leave? Oh, I forgot, you are probably one of those that is married to or living with an ILLEGAL MEXICAN.
HB 56 IS working.
So Amy,
You say there were 400,000 illegal aliens deported last year who committed major crimes. That means if the Federal Government had been doing it's job there would have been 400,000 lest crimes committed on American soil. To me it appears the President is not doing his constructional duties of protecting this country's citizens. HB 56 is a good thing and long overdue.
HB 56 is not going to work in the long run. It will be struck down as unconstitutional in the next few years. HB 56 IS have the chilling effect its real creators (not Beason or Hammon or Bentley) wanted it to have. The people behind HB 56 and other state immigration laws are associated with various nativist and anti-Hispanic hate groups, including FAIR and IGLI. I wouldn't rule out a few old school hate groups, either, but I k-k-kan't think of their names right now. I just saw another Hispanic church property up for sale or lease in Decatur, along with the Hispanic grocery store next to it. THAT'S the real intent behind HB 56, not the restoration of "thousands of jobs" to legal residents or the saving of millions of dollars in government benefits. Alabama legislators are being played for fools by organizations with much more sinister agendas.
Thomas, do your own research. GOOGLE "400,000 deportations" or something similar. I'm not making this up-- the federal government deported 400,000 illegal immigrants this year alone. They also caught a lot of flak for it from conservative groups.
Just let the government inspect every home every few months to make sure no mexicans live there. Simple.
WOW Amy! Our federal Government deported 400,000 ILLEGAL ALIENS!
Considering there are somewhere around 13,000,000 illegal aliens in the US, that means our governemnt captured a whopping 3% of the people who broke our laws by coming here
Thomas, legal deportation is a long and expensive process, which is why it's left up to the federal government. You can't just force a million illegal immigrants onto buses and drive them across the border without due process. The federal government tried that in 1954, and it failed miserably. Look up "Operation Wetback" sometime. 400,000 deportations in one year is actually considered an improvement over previous administrations, including Reagan and both Bushes. Unless they find a way to hire a few hundred thousand additional border guards and create a bunch of new detention centers, the US is only going to be able to deport a fraction of the illegal population. Thank God their priority is drug dealers, murderers, gang members and other violent criminals.
While you're working on real life math problems, Thomas, consider this one. The current unemployment rate in Alabama is averaging around 9%. The ENTIRE Hispanic population in Alabama is around 4%. Let's assume for a minute that half of that population are either dependents (elderly, children, disabled, mothers, etc.) or living off all of those wonderful illegals-only government benefits(?). This means around 2% of the Hispanic population in Alabama were earning paychecks of some description, either over or under the table. So if ALL of the Hispanics in Alabama suddenly left the state because of HB 56, the net gain in jobs would only be 2%, and that's assuming native Alabamians would gladly fill those openings. As we have already noticed with the tomato crop, it ain't necessarily so.
You also know that the entire Hispanic population in Alabama is not all illegal. This means that even if HB 56 is upheld, many legal Hispanic residents are going to keep the jobs they already have. There goes the percentage of "new" jobs again. So explain to me once again how HB 56 is supposed to be such a boon for native Alabama workers? Do the math yourself. The goal of HB 56 wasn't to create new jobs for legal Alabamians, it was to poison the well so an undesirable minority would leave the state voluntarily. It's a state-sponsored ethnic cleansing program, and the real creators knew it all along.
The 14th Amendment does not, "protect," or offer citizenship, or by some miracle, specifies an illegal alien born in America, is an American citizen. If you are an illegal alien in America, the 14th Amendment does not grant equal
protection under the Constitution. Anyone who says it does, has a misunderstanding of the original intent of the 14th Amendment.
I would like to see a version of, "Operation Wetback," employed in Alabama. On a state by state program, "Operation Wetback," would work. "Operation Wetback," at the federal level would be too slow, costly, and would not be a success on a nationwide scale.
Could care less about the math, Amy.
These people broke the law by illegally entering the country. They need to go. End of story.
SO AMY LETS SAY YOU HAVE A POINT ---THOMAS ABOVE AND MANY OTHERS HAVE STATED --THEY ARE ILLEGAL--THEY HAVE TAKEN ADVANTAGE OF OUR GIVING NATURES AND WE ARE TIRED OF GIVING---AMY WOULD YOU SUPPORT MOVING THEM OUT AS WE ARE TRYING TO DO OR DO YOU PREFER RIOTS KILLING NAPALM WITH TOASTING THEM--YOU HAVE A CRY AMY BUT NO SOLUTION THAT WILL KEEP THEM HERE---WE THE AMERICAN VOTER--THE ANIMAL LOVERS-- THE PEOPLE LOVERS THE COMPASSIONATE PEOPLE WHO GIVE GIVE GIVE ARE TIRED OF GIVEING AND TIRED OF HEARING -STUPID GRINGOS WHILE THEY TAKE FROM YARD SALES CHURCH CLOSETS ANYTHING ONLY TO SELL AND SEND THE MONEY BACK HOME SO MORE CAN JOIN THEM---THEY ARE LIKE MAGGOTS WITH US THE FRESH MEAT ---US--- AND THEY JUST KEEP ON COMING---IF YOU REALLY LOVE THEM AMY---TELL THEM TO STAY HOME. AND AMY DEAR IF THEY ARE LEGAL WHATS THE PROBLEM---SO THEY MISS THEIR FAMILY---TELL THEM TO GET LEGAL AND WE WILL HAVE A BIG PARTY
AND AMY YOU REALLY NEED TO READ MEXICOS LAWS AND WHAT THEY WILL DO TO YOU IF YOU CROSS THEIR BORDER ILLEGALLY---JOIN WHICHEVER SIDE YOU WANT AMY BUT YOU CANT BE ON BOTH SIDES AND ITS COMING TO A SHOWDOWN---JUST WATCH THE NEWSW SIMILAR UNREST IN CALF AS WE SPEAK---KEEP YOUR PWDER DRY FOLKS..
AND AMY WHAT PART OF ILLEGAL DONT YOU UNDERSTAND DEAR