An Historical Perspective on the Lawyer-Client Privilege

Abstract

In his professional life David was mostly concerned with the procedure of litigation, particularly in the adversary system. He believed deeply in the adversary system as an expression of humane concerns, for he saw it as recognizing both the fallibility and the dignity of man. He also believed deeply in the idea of evidentiary privilege-that there are some things, indeed many things, in life that should not be open to public inspection, even for "good cause." It is therefore especially satisfying to say something in his memory about the attorney-client privilege, for that privilege involves an intersection of the mechanism of adjudication with the law of privacy.