The following excerpt is from People v. Wilkins, 480 N.E.2d 373, 490 N.Y.S.2d 759, 65 N.Y.2d 172 (N.Y. 1985):
The reasons for the refusal to imply a waiver of the attorney-client privilege from the circumstance that the client took the stand in his or her own behalf are forcefully stated in People v. Shapiro, 308 N.Y. at p. 459, 126 N.E.2d 559, supra: "To say that the broad protection of such policy is not available to a defendant when he takes the stand in a criminal case would entail consequences far more detrimental to the interests of society than does rejection of the evidence that might be disclosed. When the client, especially one accused of crimes, asks for advice and guidance in the premises, he should be able to speak freely without any fear and in full confidence that what is said by him or to him by his attorney will not be subsequently subject to disclosure if he takes the witness stand during the trial of his case. Any other policy than strict inviolability, unless expressly waived, would seriously hamper the administration of justice, for
Page 764
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.