Legal Research
- Introduction
Our firm has decided that we will represent Lionel Mantel; we have set up an initial consultation and interview with him to better assess his problem. I would like you to perform some preliminary legal research to help me prepare for the interview. I have already spoken to Lionel Mantel, but only briefly. Based on my initial discussion with him, I learned that he is the pastor of Mt. Zion Methodist Church of Harrison in Harrison, New York. Pastor Mantel has received a subpoena to testify as a witness before a Westchester County grand jury concerning a fatal hit-and-run accident. Francis Alcott is the target of the grand jury’s investigation into the accident. Pastor Mantel is concerned that he will be compelled to testify against Francis Alcott regarding two conversations they had and, specifically, that he will have to disclose statements that Alcott made to him during those two conversations. Pastor Mantel would like to know whether he can be compelled to testify about the two conversations with Francis Alcott. To help me prepare for the interview, please conduct some preliminary research. I know that there is some kind of “clergy-penitent privilege” in New York, that might allow Pastor Alcott to refuse to testify, but I don’t know much about it. Before my meeting with the Pastor, I think we need to get a solid understanding of the basics of how this privilege works. After the interview, I will share with you what I have learned from Pastor Mantel and ask you to write an office memo about the problem. Thanks for your help with this new matter!
- Open Universe Research Instructions
In your research, you should find at least 4 cases analyzing the clergy-penitent” privilege under New York state law (and as many more as you need to read in order to answer the questions below). Please be sure to identify cases that actually discuss the application of this privilege and not simply cases that reference it in passing. The goal is to be able to establish some parameters for the circumstances under which our client can be compelled to testify about conversations with a member of her congregation and those under which she can lawfully refuse to testify about those conversations. Your goal before you meet with should be to develop a basic understanding of the elements of the privilege in New York and the kinds of facts courts look for in evaluating whether the privilege applies.
Please answer the following questions as part of your research. If asked for a citation, please use proper Bluebook citation form.
- State the legal issue that you are researching as precisely as you can. One to two sentences should be sufficient.
- List 3 to 4 search terms that you used to conduct your research on this issue.
- Generally speaking, what is the “clergy-penitent privilege”? Use 2 secondary sources to answer this question and provide citations to those sources.
- Under New York state law, is the basis of the clergy-penitent privilege statutory or common law? Support your answer with a citation to the underlying authority for the privilege.
- What is the purpose of the privilege? Explain with a citation to authority.
- Does the clergy-penitent privilege apply only to clergy of a particular religion? Explain with a citation to authority.
- Is every statement made to a pastor or minister privileged? Explain with a citation to authority.
- There are multiple New York Court of Appeals decisions on the clergy-penitentprivilege. Please provide the citation for one of these cases and a 2-sentence case brief summarizing the case and its holding.
- There are also multiple trial court decisions discussing the clergy-penitent privilege in New York. Please provide a citation for a trial court decision that you found useful (e.g., in demonstrating how the privilege applies in practice and/or in leading you to mandatory authority) as well as a 2-sentence case brief summarizing the case and its holding.
- How did you begin your research?
- What was the most difficult and/or time-consuming part of your research?
- How long did you spend on the research?
