lamlawindy
Verified lawyer Indiana
- Joined
- May 25, 2017
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Would you advise client not to speak to any other person at all - about anything? Or just to LE?
Because obviously, almost no client is going to do that. So what then?
If the client is living with family, do you ever ask them if they're still remaining silent? I am assuming you advise them to remain silent if detained by LE, and that most clients go right ahead and speak to others in their circle - and sometimes to total strangers. Or, even, reporters.
I've always wanted to know if defense attorneys give advice on these matters or leave it up to the client to figure it out on their own. I think almost everyone now knows not to talk to police - but...potential defendants in criminal matters probably ought not to talk to friends and family too, right?
Do defense attorneys ever ask what their clients are saying to various people - or does that just come up when the prosecution gets wind of it?
Always wanted to know - no worries if these are off-the-wall or questions that can't be answered.
Those are not off-the-wall questions at all!
My standard practice is to tell clients to not discuss the case with anybody except for me. I explain that anything -- no matter how trivial it seems at first -- told to another person can be used against them.
You're 100% correct that most clients talk to people anyway, but there's no method to prohibit them from doing so. We've done our duty by warning them.
I do, at times, ask clients if they've discussed the case with anybody else. Of course, I have no way to verify their answers, though.