Lawyer Ginsburg’s Statements
In “Any Method to Ginsburg’s Madness?” (Opinion, March 14), Stephen Gillers attacks Monica Lewinsky’s attorney, William H. Ginsburg, for making statements concerning his client. Gillers asserts that anything an attorney says during representation of a client can later be admitted in evidence against that client.
As experienced criminal defense attorneys, we can say wholeheartedly that the only “madness” here is in Gillers’ statement of law. The out-of-court statements of an attorney are no more admissible against a client than anybody else’s out-of-court statements. Moreover, any comments made attributing such statements to a defendant without evidence would not only be inadmissible, but would constitute misconduct on the part of the prosecutor.
It is correct that if an attorney reveals confidential statements from his client, with that client’s permission, the attorney-client privilege is waived, but there is no indication that any of this has occurred. Moreover, even such a waiver would not allow the prosecutor merely to claim that the defendant made such a statement--it would still have to be proven.
ALEX RICCIARDULLI
JOHN HAMILTON SCOTT
Los Angeles
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