who is allowed to talk to district attorney on someone else's behalf

by Dahlia Hamill Published 2 years ago Updated 1 year ago 6 min read

Can a lawyer speak directly to the other party?

Can a lawyer communicate with a represented person?

Can a lawyer advise his or her client directly to another lawyer?

The assistant district attorney (assistant DA, ADA) (or state prosecutor or assistant state's attorney) is a law enforcement official who represents the state government on behalf of the district attorney in investigating and prosecuting individuals alleged to have committed a crime. In carrying out their duties to enforce state and local laws ...

Can a lawyer advise a client about a communication?

Parties to a matter may communicate directly with each other, and a lawyer is not prohibited from advising a client concerning a communication that the client is legally entitled to make. Also, a lawyer having independent justification or legal authorization for communicating with a represented person is permitted to do so.

Who is more powerful judge or prosecutor?

Prosecutors are the most powerful officials in the American criminal justice system. The decisions they make, particularly the charging and plea-bargaining decisions, control the operation of the system and often predetermine the outcome of criminal cases.

What happens when a prosecutor is unethical?

Unethical Prosecutors are Never Prosecuted

A prosecutor's refusal to reveal exculpatory evidence may be immoral, unethical and illegal – and it may result in the imprisonment or death of innocent individuals – but the unethical prosecutor is never prosecuted.

Can witnesses speak to each other?

After you testify in court, you are not allowed to tell other witnesses what was said during the testimony until after the case is over. Please do not ask other witnesses about their testimony, and do not volunteer information about your own testimony. Know to whom you are talking when you discuss the case.Mar 24, 2015

What is the Brady rule?

The Brady Rule, named after Brady v. Maryland, 373 U.S. 83 (1963), requires prosecutors to disclose materially exculpatory evidence in the government's possession to the defense.

Do prosecutors lie?

Prosecutors will not indict their own witnesses for lying to further a prosecution. This out-of-touch-with-reality type of reasoning by courts is a big part of why police officers and prosecutor's investigators know they can lie with impunity.

Who is considered as witness?

Any person who has knowledge of or information on the commission of a crime and has testified or is testifying or is willing to testify.

What should a witness never do with their testimony?

Don't nod, shake your head or make faces or noises no matter what someone says. The judge and both lawyers can look at anything you take to the witness stand. Don't take anything you don't want them to see or read. Don't try to trick the judge and lawyers.

Who can be a witness?

18 years and over

Anyone 18 years and over can witness or sign a will, but importantly, a beneficiary can't witness a will, and neither can their spouse or civil partner. In many cases, people will ask a friend or work colleague to sign and witness the will.Mar 10, 2022

Is it a good idea to have a relative or friend sit in on your meeting with your lawyer?

Presence of Third Parties

Despite the general rule, there's an exception in most states: In general, when a third person is present, the attorney-client privilege continues to apply if that third person is there in order to aid the cause. Put more specifically, the third person must be present while fulfilling a role that furthers the defendant's legal representation.

Relatives and Friends

A defendant might very well expect confidentiality when talking with a lawyer in front of a loved one. And it may be unlikely that the prosecution ever finds out about the meeting or calls the loved one to testify.

Consult a Lawyer

The law on the attorney-client privilege is complex and can vary in subtle ways from one state to another. That's why you should rely on a lawyer for advice—and a full explanation of the law.

What is a district attorney?

In the United States, a district attorney ( DA ), state's attorney, prosecuting attorney, commonwealth's attorney, or state attorney is the chief prosecutor and/or chief law enforcement officer representing a U.S. state in a local government area, typically a county. The exact name and scope of the office varies by state.

What does a county attorney do?

For example, in Arizona, Missouri, Montana, and Minnesota a county attorney represents the county and state within their county, prosecutes all felonies occurring within the county, and prosecutes misdemeanors occurring within unincorporated areas of the county.

What is an assistant district attorney?

What is a DA?

What is the role of a prosecutor?

In carrying out their duties, prosecutors have the authority to investigate persons, grant immunity to witnesses and accused criminals, and plea bargain with defendants. A district attorney leads a staff of prosecutors, who are most commonly known as deputy district attorneys (DDAs).

Is the salary of an ADA lower than the salary of an elected DA?

The salary of an ADA will be lower than the elected DA. The non-monetary benefits of the job induce many to work as an ADA; these include the opportunity to amass trial experience, perform a public service, and network professionally.

What is privileged attorney?

The attorney-client privilege is a rule that preserves the confidentiality of communications between lawyers and clients. Under that rule, attorneys may not divulge their clients' secrets, nor may others force them to. The purpose of the privilege is to encourage clients ...

Can an attorney disclose client secrets?

Under that rule, attorneys may not divulge their clients' secrets, nor may others force them to. The purpose of the privilege is to encourage clients to openly share information with their lawyers and to let lawyers provide effective representation.

What is attorney client privilege?

The attorney-client privilege is, strictly speaking, a rule of evidence. It prevents lawyers from testifying about, and from being forced to testify about, their clients' statements. Independent of that privilege, lawyers also owe their clients a duty of confidentiality.

Is attorney client privilege inadmissible?

If someone were to surreptitiously record the conversation, that recording would probably be inadmissible in court.

Can a client forfeit the attorney-client privilege?

No matter who hears or learns about a communication, however, the lawyer typically remains obligated not to repeat it.

Why is confidentiality important in law?

The duty of confidentiality prevents lawyers from even informally discussing information related to their clients' cases with others. They must keep private almost all information related to representation of the client, even if that information didn't come from the client.

Can a lawyer disclose previous acts?

If, for example, if a client tells his lawyer that he robbed a bank or lied about assets during a divorce, the lawyer probably can't disclose the information.

When You Can Contact Others Who Are or Were Represented by Counsel: Part II

By Martin I. Kaminsky (Greenberg Traurig LLP) and Maren J. Messing (Patterson Belknap Webb & Tyler LLP)

What Rules Apply When the Other Party Is an Entity?

N.Y. Rule 4.2 (a) is clear that a lawyer may not speak about the matter at issue directly with an individual who the lawyer knows is represented by counsel concerning that matter. But, application of the Rule becomes less clear when the other party is a corporation or other entity.

Is the Rule Different for Former Employees?

In New York, former employees are not covered by the No-Contact Rule. Comment 7 to N.Y. Rule 4.2 expressly states that “ [c]onsent of the organization’s lawyer is not required for communication with a former constituent.” Accord Muriel Siebert, 8 N.Y.3d at 506; ABA Comm. on Ethics & Prof. Responsibility, Formal Op. 359 (1991).

When Contact Is Allowed, Are There Things that Cannot Be Discussed?

Protection of privilege and confidentiality is an important purpose of the No-Contact Rule. Therefore, even when a lawyer is permitted to contact an employee of an entity, the lawyer must be careful what information to seek or accept.

What About Communications Directly Between Clients?

The second part of Rule 4.2, expressly authorizes a lawyer to advise his or her client to communicate directly with the client’s adversary or any other person represented by counsel provided that “the lawyer gives reasonable advance notice to the represented person’s counsel.” NYRPC Rule 4.2 (b) (2009).

Does Rule 4.2 Apply to Accessing or Communicating Via Social Media?

The rapid and extensive explosion of social media has invited interest in such platforms as a means to obtain helpful information or even evidence. At the same time, that has spawned questions about whether accessing and using information in or from social media violates the No-Contact Rule.

When You Can Contact Others Who Are or Were Represented by Counsel: Part 1

By Martin I. Kaminsky (Greenberg Traurig) and Maren J. Messing (Patterson Belknap Webb & Tyler)

What Are the Guiding Rules?

The starting point is Rule 4.2 (a) of the New York Rules of Professional Conduct (NYRPC).

What If the Other Party Initiates Contact with You?

The Rule applies regardless of how the possible communication arises. It does not matter if the other party initiates it, requests it, consents to it or tells the lawyer he/she does not feel the need to have his lawyer included.

Does Lawyer Have Duty to Inquire Whether Person Has Counsel?

Rule 4.2 prohibits contact when a lawyer “knows” that a person is represented by counsel. NYRPC Rule 4.2. It does not say “has reason to know;” and Rule 1.0 (k) defines knowledge as “actual knowledge of the fact in question.” NYRPC Rule 1.0 (k).

What Are the Consequences If a Lawyer Violates the Rule?

Failure to adhere to the no-contact rule can have serious consequences for counsel, as well as for her client. Disciplinary authorities have full power to act in response as they deem warranted by the nature and extent of the violation of Rules of Professional Conduct. See, e.g., In re Matthew B. Murray, 2013 WL 5630414, No.

What happens if you don't pay your lawyer?

If you don't pay your lawyer on the day of trial, or however you have agreed to, then while he or she may be obligated by other ethical duties to do his/her best, they won't be motivated by sympathy for you, and it will show in court.

What to do if your lawyer doubts you?

Tell the Truth. If your lawyer doubts you in the consultation, or doesn't think you have a case, while that may change over time, getting over an initial disbelief is very hard. You have to prove your case. Your attorney is not your witness. They are your advocate - but you are responsible for coming up with proof.

What is the difference between a lawyer and a client?

Well, truth be told, neither do I. The difference between lawyer and client is that the lawyer expects it to take a long time and understands. The client typically thinks it's unjustified. So, your hard truth is that each case takes time. Be patient.

Can a lawyer take your money?

While lawyers can certainly take your money and your time and we can file a case that will be very hard to win, if you don't care enough about your life to get a contract, the judge is not very likely to be on your side. At least, not automatically. Oral contracts are extremely hard to prove. What are the terms.

Do juries get it right?

While juries usually get it right, sometimes, it's not about whether a particular matter is emotional or simple, complicated or straightforward. Sometimes people make decisions on who has the nicer suit, or who is more pleasant to deal with. So even if your case is good or even if it's not so strong.