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i have scene in my script that the attorney are not talking directly to his client but instead to his friend,and his friend is the one who tell the information to the client.is it possible?looking forward from reply and thank u so much

2006-11-13 04:58:40 · 2 answers · asked by mrsbean 1 in Politics & Government Law & Ethics

2 answers

This sounds like a deposition. An attorney is obligated to investigate the facts before bringing charges in a criminal trial or filing a civil action in a law suit. If they don't and the charges or action is wrong, the attorney can face sanctions or discipline. The fact finding phase of a trial is known as "discovery". Parties who have knowledge of the affair are asked questions or sign affidavits. Both sides have an opportunity to investigate and do their own questioning of any person who would testify. In a criminal trial, there is a constitutional right to force adverse witnesses to appear and swear by oath or affirmation in open court.

In a civil deposition, at least one attorney from either side will be present, usually at the office of the attorney who is running the deposition. There will also be a court reporter. One of the attorneys will ask the witness a series of questions for a maximum of 1 day of 6 hours. The other side will make objections, but the witness still has to answer. Those objections are later brought up before a magistrate or judge and if they are sustained, that part of the testimony will be stricken. A witness in a deposition testifies under oath as if they were in court. If they are later brought into court during the trial, they are bound by what they said at the deposition and could face perjury charges if they contradict themselves.

For a good view of a civil deposition, read part of the book or see the movie "A Civil Action" with John Travolta. For criminal interrogation, Law and Order is a good drama (that is nothing like the real thing but is entertaining).

As a drama, the attorneys are trying to get the witness to reveal something or to hide something. The witness may feel remorse but at the same time fear of punishment (from the law or the boss). A conflict results from the lawyers who are bound by the law, and the audience who wants to see the truth revealed. In actuallity, the role of the court is to protect each party's legal rights, promote substantial justice, and resolve disputes. It is not the role of the court to find the truth. The audience wants to see this however.

In most scenes, the lawyer is defeated in a deposition by words. Either their objections fail or the words of the attorney create enough guilt to get the witness to break down and come up with the "truth". There is a conflict between the witness and the parties of the case, between the lawyers and their clients, between the lawyers themselves, and between the lawyer and the witness. You must discover what this conflict or relationship is between each role and this will tell you how to act.

Good luck!

2006-11-13 05:19:02 · answer #1 · answered by Discipulo legis, quis cogitat? 6 · 0 1

I'm sorry, but you have pronouns that are confusing. Whose friend? The client's friend? The attorney's friend? What kind of information? Is it privileged? Anyone can tell anyone anything. Are you trying to find out if it's legal? What kind of info did the attorney divulge - was it protected attorney/client privilege?

I hope you have a good editor, because truthfully I have no idea what you're asking here. Your nouns and verbs are mismatched: "the attorney are not talking directly to his client." Your punctuation is almost non-existent. I'd worry more about how to get a clear message across than whether one of your characters can talk to another one - because I don't think anyone would have any idea of what they're saying.

2006-11-13 13:04:11 · answer #2 · answered by tagi_65 5 · 0 1

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