Asking Potential Witnesses Not to Volunteer Information

Discussion of asking potential witnesses not to volunteer information while interviewing them:

Asking Potential Witnesses Not to Volunteer Information

Asking Potential Witnesses Not to Volunteer Information

  1. Asking Potential Witnesses Not to Volunteer InformationAR 27-26 Rule 3.4 forbids a lawyer from requesting an individual to not voluntarily provide information unless it is the client; or a relative, employee, or agent of the client and that person’s interest will not be adversely affected by their silence.
  2. AR 27-26 Rule 4.3 dictates that a lawyer should not give any advice to an unrepresented person other than to obtain counsel, impliedly authorizing an attorney to recommend to an unrepresented witness the attorney is interviewing that the witness seek counsel.