Criminal Defense

[AnnAngel]

I have a friend on Appeal for Murder. He had an Assault in 2008 and asked his attorney to get the affidavit that the victim filled out for him on that Assault case. He gave that lawyer permission to release it. The attorney released the file and on that file, in addition to the affidavit there was also a CD which had a nasty 911 Call in that incident. The new attorney turned that 911 call over to the State and the State used it in the punishment phase. Was that a Breach of Attorney/Client Privilege?

[Buenchico]

This is a UK-based site and our laws are very different to those of the USA. You're more likely to find someone with the relevant legal knowledge on a US-based Q&A site, such as one of these:
http://www.answerbag.com/

https://answers.yahoo.com/

[Peter Pedant]

.

No the 911 call would be in the public domain anway
and therefore discoverable.

( UK law - and even if it were, how would that affect the case ? He may have a disciplinary case against the lawyer ( I think not ) but that should not unseat the criminal process )

US law differs from state to state - you're better off asking in the state where the appeal is taking place

[Mamdaddy]

In law, an affidavit is a written statement of facts by someone who has sworn to tell the truth, signed in the presence of a notary public or other legal authority, and can be used as evidence in the courts.

Having said that, your friend had asked to release the information in the file, which the attorney did. As Peter Pedant specified, the call is public domain and could have been unearthed anyway.