If the prosecutor of a criminal case refuses to charge anyone unless there is a witness who can testify to criminal intent, what happens then if the only witness is the attorney of the suspected perpetrator? Does attorney-client privilege still apply?
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>what happens then if the only witness is the attorney of the suspected perpetrator?
Two things, one has already been covered by u/TheLittleLauren in which what is said, and what the attorney works on for the case, is protected by privilege. What the accused’s attorney witnessed separate or excluded from attorney-client privilege may, depending on the circumstances, still be presented in court.
Two, there may be ethical complications here for the attorney. An attorney is ethically required not to assist a crime. Attorney-client privilege exists because the accused has a right to competent defense for any allegations of a crime that threatens to seriously inhibit rights to liberty. But that is only for past offenses. Present or future offenses which involve an attorney aren’t privileged. In the interest of crime prevention, an attorney as a member of the judiciary is required to report, or at least disassociate, from potential criminal planning/occurrence.
For example, you are charged with a murder and you tell your lawyer where you buried to body for plea bargaining purposes. The prosecution can’t call on the lawyer to disclose where the body is buried. But if you ask the lawyer to help you bury the body the lawyer has an ethical obligation to warn you not to discuss that with anyone, cannot help you, and that he may be required to disclose that you asked him/her to help you move the body.
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