A Client’s Right to Have Copies of the Evidence

An attorney representing an incarcerated client has just received a package of discovery from the prosecutor. In some jurisdictions, counsel can send physical copies of the discovery to the client or electronic copies to the client’s facility. Other jurisdictions, however, forbid counsel from giving the client copies of the discovery: counsel and her staff must chaperone the discovery, even if that means the client can hand copy everything counsel brings to her. Lisa Steele provides suggestions for creating a record to challenge exclusive custody rules and protect a client’s rights.