|Viewing Single Post From: Friday August 30th Daily Discussion|
|jwsel||Sep 1 2013, 12:56 AM|
I don't believe that changes anything. It is still unethical conduct. Under the Model Rules of Professional Conduct (which is the basis for most state rules of ethics), it does not matter if the client represented by counsel initiates the communication with the attorney. The attorney must terminate the communication. In fact, the Department of Justice tried to push for a rule change about 10 to 15 years ago to allow prosecutors to speak with represented criminal defendants without counsel present if the defendant initiated the communication and gave a written or recorded waiver after receiving informed consent. That effort failed.
The rule exists precisely because someone in a position like Sami's is very likely to panic about her case. To protect accused defendants from undermining their cases, particularly when they may not fully understand the implications of speaking directly with the opposing prosecutor, the communications are prohibited entirely.
Edited by jwsel, Sep 1 2013, 02:38 AM.
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