Vietnam Criminal Defense Manual - First meeting with client

Jail is often the first place that an attorney will meet their client. A person held in jail has many strong emotions. It is important that an attorney, especially an attorney that is appointed, make a confident first impression. A knowledgeable attorney is a confident attorney. Before meeting your client, you must be sure to review the criminal charges, know which laws apply, make copies (if possible) of the legal documents in the case, and be prepared to address bail.

Suggestions for the First Meeting

Here are some suggestions for when you first meet your client.

• Inform your client that you are there to protect their interests. Remind him that you will work to release him from further incarceration, to avoid a criminal conviction, to protect his or her family and property.

• Inform your client of the criminal procedure that will affect his case. Explain whether bail is available and what is required for bail.

• Inform your client of the criminal charges and the elements of the charges. Make sure that you know each element of the criminal charge or charges and what is necessary to prove those elements.

• Inform your client of potential defenses. Be sure to include legal standards of obtaining evidence and the arrest itself.

• Inform your client that there are four major legal options that must be faced in the future. These options are, 1) trial, 2) no trial by admitting guilt, 3) cooperation and/or negotiations and, 4) dismissal of the charges.

• Inform your client of the sentencing range if they are judged "guilty." Remember to include both the maximum and minimum sentence as well as sentencing options outside of jail.

• Inform your client of the dangers of speaking with others about their case. Remind your client that what they say to others, including the police, can be repeated against them at trial or at sentencing. Also, it is important that family members are only generally informed of the charges; discussions of specific facts of the charge may cause family members to be used as a witness against the accused.

• Inform your client of the rights and powers that they retain even though they face criminal charges. They have the protection of the Constitution, the Criminal Code and you, their legal defender. They have the right to fight all criminal charges.

Practice Tip No 2

• The legal requirements of arrest and conditions for release on bail are found in the CPC, Articles 79-94. See also, CPC, Articles 126-129.

After clearly outlining the above eight points (and any others that you think will be helpful), ask your client if they have any questions. This is your client's first opportunity to learn the law, criminal procedure and future legal options. Do not expect your client to understood everything that you have just said. You were able to learn in law school. Now, you are the law professor and your client is the law student. Be patient and with a warm heart answer all of your client's questions.

Once your client is fully informed of the charges, the criminal procedure that applies, the potential sentencing range and defenses to the charges, it is time to ask questions that will aid in their defense. Questions should be asked in a way that is not accusatory. Your questions should give your client the opportunity to give answers that will help their case.