In Indiana, finding yourself in legal trouble can be overwhelming, especially if you are unsure about what you should share with your attorney. Understanding how to communicate with your lawyer effectively can shape your case’s outcome.
Why is it important to be honest with your lawyer?
It might feel like a good idea to withhold incriminating details from your lawyer. However, doing this can weaken your defense. If your attorney knows more about your situation, they might be able to build a stronger case.
Indiana law provides strong protections for confidential conversations between you and your lawyer made for the purpose of getting legal advice under the attorney-client privilege. This usually means your attorney generally cannot disclose what you say without your consent.
However, it may not apply if the communication was not confidential, such as if it was shared with a third party or if it involves the crime-fraud exception. This protection exists so you may speak to your lawyer without fear that your words will be used against you.
Keep in mind that your lawyer may be permitted to speak up if they suspect the information you share can prevent death or substantial bodily harm.
What details are helpful to your attorney?
When speaking with your attorney, it may be beneficial to be truthful about the alleged offense, even if the details are embarrassing or incriminating. This includes explaining the circumstances leading to it, what occurred and what happened afterward. Details that are helpful to lawyers may include:
- Any contact with police, including questions asked, statements made, recordings, searches and whether you consented
- Your criminal record in Indiana or other states
- Evidence such as surveillance footage, photographs or documents
- Calls, texts, messages, emails and social media posts related to the incident or case, taking care not to delete or change anything
Your lawyer’s duty is to represent you within the bounds of the law. They may be unable to help you effectively if they do not have all the facts.
How effective communication with your attorney protects you
While these conversations can feel difficult, being transparent with your attorney protects your rights. By being open and honest, your lawyer can build a stronger case and defend you in court.
