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Home›Law›Critical role of communication between you and your defense lawyer

Critical role of communication between you and your defense lawyer

By Michael Steeves
September 29, 2023
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If you are facing criminal charges, having open and frequent communication with your defense attorney is vital. A clear and transparent exchange of information with your counsel determines whether your case succeeds or fails. Several key factors make communication essential in any attorney-client relationship:

  • Develop Trust – Consistent, high-quality interaction builds confidence and belief in one another. Legal advocacy is empowering.
  • Share Knowledge – You hold insider facts about circumstances while attorneys know the legal system. Frequent exchanges of intel create breakthroughs.
  • Align on Strategy – Agreed upon approaches for handling your case through plea bargains, pre-trial motions, hearings, and trial require lockstep coordination.
  • Meet Ethical Duties – Lawyers must keep clients informed to provide adequate counsel. You must also proactively inform them.
  • Adjust to Changes – New evidence, witness accounts, legal rulings, and other case developments mean strategies must flex. Communication allows adaptation.

Optimal communication frequency

  • Initially: 2-3x a week during intense preparation after charges are filed
  • Pre-Trial Phase: 1x a week to discuss motions, discovery, and negotiation options
  • Trial Phase: 1x day immediately preceding and following each court session
  • Post-Trial Phase: 1-2x a month during appeal considerations, sentencing, and probation

Any pressing developments should trigger additional exchanges.

Maximizing communication productivity

  • Set Expectations Early – Establish preferred methods (email, phone, in-person) and availability upfront.
  • Prepare Discussion Topics – Note down your most vital items to cover in advance.
  • Focus on Critical Matters – Avoid aimless chatter and tangents. Don’t stray from the case strategy.
  • Listen Actively – Let the lawyer finish explanations before responding. Don’t interrupt.
  • Take Notes – Document advice, action plans, and follow-ups to reference later.
  • Summarize Agreements – Restate the next steps and understandings before concluding discussions.

Key topics to discuss

  • Your Account of Events – Your narrative provides context and identifies witnesses. Even flaws must be disclosed. Tell the full truth to enable the strongest possible defense.
  • Supporting Evidence – Share any documentation, digital records, or materials you have that support your innocence or mitigate responsibility.
  • Potential Witnesses – Alert your criminal defence attorney Brampton about individuals with direct or circumstantial knowledge who testify on your behalf if located.
  • Background Details – Disclose biographical facts, mental health history, addictions, and weaknesses that influence your credibility, sentencing, or legal strategies.
  • Legal Options – Ask your attorney to educate you about the process, potential outcomes, plea deals, appeals, and impacts of different decisions. Know your rights.
  • Case Theory – Obtain explanations from counsel on whether the planned defense will rely on alibis, mistaken identity, probabilistic reasoning, or other primary arguments for reasonable doubt.
  • Trial Preparation – Discuss shaping of witness lists, jury selection priorities, planned lines of questioning, and hearing strategies. Put yourself in a winning position.

Ensuring your lawyer communicates effectively

  • Request Regular Status Updates – You should never feel unclear on your case’s progress. Expect proactive outreach minimally once every 1-2 weeks.
  • Review Pretrial Motions – Make sure you understand and consent to all legal filings made on your behalf before submission.
  • Get Explanations – If anything seems confusing, concerning, or inconsistent, demand clarification from your lawyer.
  • Provide Reminders – Politely nudge counsel with emails or calls if significant time lapses occur without touchpoints.
  • Voice Concerns – Do not tolerate unclear, dismissive, or disrespectful responses. Articulate if communication needs improvement.
  • Evaluate Availability – Your counsel should respond sufficiently promptly to requests, even if they need time to investigate specifics.
  • Request Written Summaries – Documentation ensures mutual clarity on exchanges. A recap of an email is also useful.

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