An incident of driving under the influence or domestic violence; accusations of any kind of criminal behavior, including white collar crime or tax fraud, should send you straight to your lawyer. If you don't have a lawyer, then your first call should be to someone you trust to help you find one.
Most, but not necessarily all, of what you tell your lawyer is privileged. The attorney-client privilege is a rule that protects the confidentiality of communications between lawyers and clients. Under the rule, attorneys may not divulge their clients' secrets, nor may others force them to.
The Sixth AmendmentThe right to counsel refers to the right of a criminal defendant to have a lawyer assist in his defense, even if he cannot afford to pay for an attorney. The Sixth Amendment gives defendants the right to counsel in federal prosecutions.
If a defendant is to speak, it should be from a prepared, fully written letter, or, in the alternative, off a few carefully chosen bullet points (see below). Whichever the defendant chooses, it is essential that it be read or spoken with emotion and inflection.
9 Taboo Sayings You Should Never Tell Your LawyerI forgot I had an appointment. ... I didn't bring the documents related to my case. ... I have already done some of the work for you. ... My case will be easy money for you. ... I have already spoken with 5 other lawyers. ... Other lawyers don't have my best interests at heart.More items...•
As a general rule, a client can refuse to disclose and prevent others from disclosing confidential communications between himself and his attorney. The privilege belongs to the client, and the attorney cannot waive it or breach it in most instances.
In criminal cases, the Fifth Amendment guarantees the right to a grand jury, forbids “double jeopardy,” and protects against self-incrimination.
The Sixth Amendment guarantees the rights of criminal defendants, including the right to a public trial without unnecessary delay, the right to a lawyer, the right to an impartial jury, and the right to know who your accusers are and the nature of the charges and evidence against you.
In the Miranda decision, the Supreme Court spelled out the substance of the warnings that officers are required to give to you, either in writing or orally, before questioning you: You have the right to remain silent. Anything you say can and will be used against you in court. (5th Amendment)
Why can't I communicate directly with the judge on my case? Judges are not allowed to communicate with individual parties on their own. This is what the law calls an ex-parte communication. In order to keep the court process as fair and transparent as possible, this type of communication is strictly forbidden.
The short answer is yes. The legal answer is, there is no rule against speaking with an opposing party, but your lawyer would rather you did not for the sake of litigation.
Evidence, such as a statement, tending to excuse, justify, or absolve the alleged fault or guilt of a defendant. See also Brady Rule.
There is no set formula for how often you will hear from your attorney. However, the key to a successful attorney client relationship is communication. Whenever there is an important occurrence in your case you will be contacted or notified.
You Can Be Honest With Your Lawyer Don't be afraid to tell your lawyer your entire story. Your attorney-client privilege protects you and your word from any legal implications. The more honest you are with your lawyer, the better they can represent you.
Tips for Talking to an AttorneyAlways be as honest and candid as possible about the facts of your case. ... Ask questions if you don't understand something that your attorney mentions or explains to you.Approach an attorney about your case as soon as you think you may need one.More items...•
Unprofessional or unethical behavior can include: Arriving late or failing to show up for important meetings, or missing court dates. Making decisions of importance about your case without discussing it with you first. Missing filing deadlines, filing paperwork incorrectly or filing the wrong paperwork with the court.