The importance
of solicitor - client privilege in the justice
system should not be minimized; but at the same time, it should not be employed to excuse failure to act when an identifiable
class of persons is at risk
of falling
victim to fraud.
Drawing upon some
of the materials embedded in the social justice accounts
of tort law, [16] Part IV clarifies why creating an intermediate retributive sanction under the right safeguards to the tort
system is a superior way
of punishing and preventing misconduct than strictly relying on compensatory damages,
class actions for compensatory damages, extra-compensatory damages for
victim - vindication, the criminal justice
system as we know it, or even a privately enforced criminal justice
system.