James Bell Discuses the Ethics of Interviewing Witnesses in The Indiana Lawyer
In a recent edition of The Indiana Lawyer, Bingham Greenebaum Doll LLP partner James J. Bell shared three things attorneys need to know about the ethics of interviewing witnesses.
1.) You are not James Bond; make certain the witness understands your role. Bell explains that witnesses must understand that you are acting in your role as an attorney and that you are not the witness’s lawyer.
2.) If the witness is represented, the witness can’t grant permission to the interview. Even if the witness states to you that he “waives” his right to counsel, if he has a lawyer representing him he cannot consent to an interview with you without his attorney present.
3.) Protect yourself. When you go to meet a witness, bring another witness with you to ensure there will be evidence of what took place at the interview.
Read the full article from James J. Bell on The Indiana Lawyer website.