It is my sons first time in jail and he has been there for over five months on a charge of Battery on a LO. He is having a difficult time comprehending his legal defense. I what to know if there is a release he can sign or possibly another requirement by law for me to communicate with his attorney as I am aware it is protected by lawyer confidentiality. Thank you for the information.
Usually the best step is to contact the public defenders office and ask to speak with his attorney. If they refuse to speak to you, ask them what he needs to sign so that they can discuss the case with you. If they still will not work with you, and he wants you to be informed, then you may want to seek private counsel for him who is willing to work with your sons desire to allow his attorney to discuss the case with you.
Rule 4-1.6, R.R.F.B says that any and all information relative to the representation of a Client is protected by the rules governing confidentiality.
Unless Client expressly waives the privilege and specifically authorizes the Attorney to freely communicate with anyone other than the Client then the privilege is intact in regard to any and all aspects of the representation and the Attorney is precluded from discussing the case with anyone else.
So, in plain English, if you want your son's lawyer to speak with you then your son is first going to have to authorize this attorney to do so (as an aside, were I the lawyer ion the case then I'd need it in writing from my client).
Wishing your son luck and hoping that I have been helpful in answering your question.
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