Section 3.3 Procedure for Initial Interview

• Library: Criminal Practice 2012 Supp

B. (§3.3) Procedure for Initial Interview

Counsel should do the following:

Ask to speak to the client alone and explain to friends and family who have come the precise nature of the lawyer’s professional privilege and confidential relationship. Explain that they could be forced to be witnesses by being subpoenaed if they are privy to those discussions and conferences and that counsel does not want to put them in that position. It is a logical privilege that the law provides to allow people to provide openly full information to their medical doctor or dentist to preserve and protect their physical and mental health, to their minister, rabbi, or priest to protect their moral health, and to their lawyer to protect their legal health. Generally, none of those privileged professionals can be used as a witness against the defendant. To that extent, the initial conference...