WITNESS FOR THE PROSECUTION - A NEW ROLE FOR THE DEFENSE LAWYER (FROM GRAND JURY AND YOUR CLIENT - WHAT TO DO AND HOW TO DO IT, P 257-278, 1979 - SEE NCJ 62048)

• NCJ Number: 62053
• Author(s): B TARLOW
• Date Published: 1979
• Length: 22 pages
• Publication Format: Document
• Language: English
• Country: United States of America
• Note: REPRINTED FROM NATIONAL JOURNAL OF CRIMINAL DEFENSE, V 1, N 2 (FALL, 1975)

Annotation

THIS ARTICLE DISCUSSES THE NEW EFFORT BY PROSECUTORS AND TAXING AUTHORITIES TO ERODE INDIVIDUAL PRIVACY BY COMPELLING LAWYERS TO PRODUCE EVIDENCE THAT INCRIMINATES THEIR CLIENTS.

Abstract

PROSECUTORS THROUGHOUT THE COUNTRY ARE USING GRAND JURY SUBPOENAS AND INTERNAL REVENUE SERVICE SUMMONSES TO COERCE ATTORNEYS TO FURNISH EVIDENCE WHICH WILL AID IN CONVICTING THEIR CLIENTS. PRINCIPLED REFUSAL TO PROVIDE THE INFORMATION WILL EXPOSE THE LAWYER TO THE THREAT OF INDEFINITE IMPRISONMENT FOR CONTEMPT. IN UNDERTAKING TO REPRESENT A CLIENT WHO MAY BE THE TARGET OF A CRIMINAL INVESTIGATION, AN ATTORNEY MUST BE PREPARED TO RECEIVE AND SAFEGUARD INFORMATION WHICH COULD PROVE EXTREMELY USEFUL TO THE GOVERNMENT AND ITS AGENCIES IN PROSECUTING THE CLIENT. RECENT EVENTS SHOW THAT LAWYERS AND THEIR CLIENTS ARE THREATENED WITH INCREASED EFFORTS TO PENETRATE THE PRIVACY OF THEIR RELATIONSHIP. THE APPARENT UNWILLINGNESS OF COURTS TO INTERVENE AND HALT THIS TREND RAISES THE SPECTRE OF EVEN MORE SERIOUS AND FREQUENT INCURSIONS INTO THE ATTORNEY-CLIENT RELATIONSHIP. SEVERAL RECENT CASES ARE DISCUSSED TO ILLUSTRATE THIS NEW THREAT. IF THIS PRACTICE CONTINUES UNABATED, CRIMINAL DEFENDANTS, INNOCENT AND GUILTY ALIKE, WILL BE EFFECTIVELY DEPRIVED OF THEIR ONLY ALLY IN THEIR CONFRONTATION WITH THE STATE. FOR RELATED ARTICLES, SEE NCJ 62048.