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Is Attorney contact with witnesses and victims allowed in Florida?

By M. James Jenkins, Esq.

Often times it is necessary, in the right type of case, to contact the victim/witness to simply to develop a relationship with them and obtain their version of events. In some cases where the evidence of guilt of the client is overwhelming it may be wise to make amends on your client's behalf. In some instances an offer to pay restitution immediately may have a positive effect on your client's case. (An offer to pay restitution or an apology, even through an attorney, may be used as an admission of guilt in some instances). Although there is no ethical rule in Florida that disallows an attorney from contacting a witness outside of the prosecutors presence in a criminal case it is a good idea if an attorney contacts such a witness that there be a witness to his or her conversation with the complaining witness...continue to full post

Full post as published by Florida Criminal Law Blog on April 21, 2008 (boomark / email).