Does my son’s lawyer have to talk to me if he’s specifically gave his permission and requested it?

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Does my son’s lawyer have to talk to me if he’s specifically gave his permission and requested it?

There was a plea on the table and she called to tell me that but refused to tell me wat the plea was or if he took it.

Asked on February 15, 2019 under Criminal Law, Nebraska

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

If your son said to talk to you, she must: the client tells the lawyer what to do and vice versa.
But it is a bad idea for his attorney to discuss anything with you, since you are not her client: anything she says to you or you say to her, the prosecution could "discover"--e.g. subpoena it. This would give up the attorney-client privilege, at least as to what you and she discuss. 
So if you son insists, the lawyer must talk to you, but it's a very bad idea, and the lawyer would be fully justified in getting written authorization from your son before doing this, to protect herself from any later accusations that she improperly breached confidence or privilege.


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