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Prosecutor's Communications With Defendants: What are the Limits?

NCJ Number
Criminal Law Bulletin Volume: 24 Issue: 4 Dated: (July-August 1988) Pages: 283-320
B A Green
Date Published
38 pages
Disciplinary Rule 7-104(A)(1) of the ABA Code of Professional Responsibility sets out the circumstances under which a lawyer may communicate with another represented party in the same case.
The rule protects clients from opposing counsel and more broadly, assures clients of the effective assistance of counsel. The rule has been applied to prosecutors in criminal cases with certain exceptions (i.e., lawful investigation prior to the initiation of criminal charges). The author poses six questions involving the application of the rule to prosecutors, and after stating the response to those questions by the courts, proposes an alternative analysis. (Publisher abstract)