North Carolina divorce lawyer Lee Rosen wrote a post on should a mother attend the first consultation in a divorce case. I thought the post was worth commenting on from a criminal lawyer’s perspective. I represent a lot of Vanderbilt students as well as those from other local colleges here in Nashville. Most parents want to be involved in the process. As a parent myself , I understand that need to know what is going on with the criminal case for your child. However , when a third-party is in the conference room it breaks the attorney client privilege. So , any communication between the client and the criminal defense attorney is no longer privileged. It comes to be important later at a bond hearing or if the parent is a witness at a later hearing..
What should a criminal defense lawyer do ? First , explain to the parents about the attorney-client privilege. Second , Meet with the parents and give a general overview of the criminal process. Third , excuse the parents while you get the facts about the case . One benefit is your client may really tell you what happened rather than sugarcoat it for their parents. finally , bring the parents back in to discuss the defenses , strategies , and where you go next.
Thanks to Lee Rosen for the idea for today’s post.