WHAT SHOULD I DO IF MY ATTORNEY WON'T COMMUNICATE WITH MY FAMILY?
The Problem
Faced with an accusation and then an arrest, you hire an attorney who promises to fight for and do everything possible to protect you or your loved one. However, once your retainer fee payment cleared, the attorney practically disappeared.
In particular, the attorney is not communicating with the family. We have noticed a disturbing trend of the failure of criminal defense attorneys to communicate with an incarcerated client’s loved ones. This is one reason that, so often, the Innocence Legal Team, is not the first attorney our client has hired. We are often the second or even the third. Sadly, it is only after spending a considerable amount on an attorney who lacks the experience to successfully litigate a sex crime accusation that the client realizes a specialist is required.
Of course, even if the family is paying for their loved one’s defense, that does not mean they are entitled to all of the information in a given case. Attorney-client privileged information is sacrosanct and cannot be revealed to anyone except perhaps a spouse, but then only with the client’s (preferably written) permission.
Communication With The Family Is Imperative
A criminal defense attorney should never ignore the family of the accused. Calming the nerves of the frightened family is only one of the many reasons and not necessarily the most compelling one.
Indeed, the criminal defense attorney must pay particular attention to the family of the accused because, in many cases, the family is the only source of information of the client’s innocence. This information is often in the form of the context in which the alleged offense occurred and the nature of the relationship with the accuser or accusers.
In a recent case involving a motion to withdraw a guilty plea, the Team lacked a clear understanding of the accuser’s motivations. By reaching out to the family, we were able to gather contact information, assess emotional states, and gain insights into the dynamics between the parties involved. The family often knows as much or more than the client in this regard.
If the incarcerated client knows about a photo, document, or other helpful item, the family can retrieve it for us. If necessary, the family may also be able to bring documents to be signed by the client, which can be very helpful.
Communicating Through a Secure "Portal"
A good criminal defense firm will also provide a communication “portal” through a secure information service to a client and or the client’s family if the client is incarcerated. This allows easy two-way communication with the attorney. A secure communication portal also ensures that critical information and evidence are quickly analyzed and incorporated into the client’s defense.
Conclusion
If your attorney is not responding to the family or you’re dissatisfied with your criminal defense attorney for any reason, the Innocence Legal Team can help. Please click the link below, and let’s get started.