Help for the Pain

Whatever circumstances may have led you to hire a criminal defense attorney, you will have questions about how to proceed with your first meeting. You want to be honest, but are unsure of how much information you should divulge to your new or potential lawyer. Read on for guidance about how and what information you give your attorney is protected.

Attorney-Client Privilege

The importance of confidentiality in the communication between you and your attorney is covered under the legal concept known as attorney-client privilege. This means that anything you say to your attorney, with few exceptions, stays with that attorney. The attorney can never be compelled, by any means, to divulge what you tell them.

The ability to be open and honest with your attorney is a fundamental benefit of retaining a professional attorney, like Damiani Gerard M, and which allows the attorney access to needed information to better plan for your defense. This promise of non-disclosure remains in place forever, whether you are still retaining the lawyer or not. In fact, everything you tell the attorney at your initial meeting, even if you later decide not to hire them, is also protected.

Important Exceptions

There are cases where the information you give your attorney may fall outside of this concept.

1.  Third Party Presence: If you bring a friend along for support when you talk to your lawyer, your communications are no longer privileged. Discussing your case in a crowded restaurant or other public setting where you might be overheard can also be classified as non-privileged communications and anyone overhearing your conversation could be subject to testimony in court.

2.  Intention: The communication must be given under the assumption that you are seeking legal help, not just discussing the issue with a friend or family member who happens to be an attorney.

3.  Future Acts: Any communication about the intention to commit a crime, fraud or to cover up a crime does not fall under privileged communication. You may pose hypothetical questions or ask for advice on situations that may occur, however. Additionally, most states have provisions that require an attorney to report any threat to do harm to someone. On the other hand, any past acts you have committed, no matter what they were, are considered privileged information.

If you are at all unsure about whether or not to disclose certain information, give your attorney an opportunity to advise you before you speak. For the most part, you can rest assured that you can be honest and forthcoming with your attorney, and doing so will only improve your chances of receiving a competent defense.