We would appreciate it if you would prepare for us a concise detailed personal history. Please provide us with your age, marital status, how long you have been married, if at all, occupation, work history and education.
Please advise us whether you have had any involvement whatsoever in any capacity with the police or court system. Please let us know what your credit and financial history have been in general. We always investigate whether a client has had a history that can be exploited by the opposition in cross-examination, such as a criminal record, immoral acts or bad reputation. The more respectable our client, the more vigilant we have to be. The crown attorney can easily determine past misdeeds. Any concealment of past difficulties can be detrimental to your credibility at trial.
We require a case synopsis. We would like you to provide us with a detailed outline of the events giving rise to this case. You can prepare the facts in point form rather than in essay form. We do require precise details such as time, place and location. Provide us with weather descriptions and lighting conditions. We must know all the facts including those that do not support your defence. Please mark the top of each page "privileged for my lawyer" In this way it cannot fall into anyone's hands and be used against you.
You must assist us with your recollection of any statements whether harmful or helpful to your case which was made to the police. Please provide us with a detailed chronological report of the circumstances in which you gave a statement to the police. Please advise us as to your state of mind and your physical well being at the time you were speaking to the police. Naturally, we will obtain a copy of the statement from the police and review it with you.
Character evidence can have a very powerful impact in the defence of a criminal case. Evidence may be advanced to show the good character of the accused. Such evidence indicates the improbability of the accused having committed the offence. For this reason, please prepare a list of names of potential character witnesses. We will review this list with you later to determine whom we may interview. We appreciate your sensitivity in discussing this matter with close and intimate friends. However, we take your case very seriously and as discussed earlier, your chances of success in this matter are proportional to the degree of preparation and hard work we both put into this case.
Further, we should warn you that there are serious risks inherent in advancing character evidence. The introduction of such evidence opens the door for the prosecution to rebut the testimony by calling evidence of bad character. Therefore you must advise us of anything that could be in your background which could have an adverse effect on the calling of character evidence.
We wish you to consider whether attending a psychiatrist or psychologist for a formulation report can assist in the defence of this case. By leading psychiatric evidence at trial in a criminal case, we can demonstrate that you do not have the abnormal personality traits characteristic of a member of an unusual or limited class of persons who alone could have committed the alleged offence. The expert you attend must be in a position to attend the trial in this matter. Naturally the cost of this individual must be borne by you. We ask you to consider retaining such an individual and contacting us at your earliest convenience. Prior to any report being created the expert should speak with us to determine whether a report will help or undermine your case. With respect to the list of character witnesses, we will require their name, address, telephone number, marital status, occupation, personal history to you and their willingness to attend trial and testify.
Just as we are preparing an investigation on your case, the other side will be taking similar measures. Please do not discuss this case with anyone. The police may wish to re-interview you. Be aware that both oral admissions as well as signed statements can be used against you. You have the constitutional right to remain silent. Silence cannot be used against you at your trial. You also have the right to have us present if you are being questioned again. Most important, be aware that an inculpatory statement is the basis of many criminal convictions. It is not in your interest to assist the police in securing your own conviction. Therefore, although this is most difficult, it is necessary that you do not discuss this case with anyone - neither your colleagues nor your friends. You must realize that these people may be subpoenaed to testify against you. |
