Minnesota v. McNeilly

Brief of Amici Curiae Minnesota Board of Public Defense, Minnesota Association of Criminal Defense Lawyers, and National Association of Criminal Defense Lawyers

Brief filed: 04/20/2023


Minnesota v. McNeilly

Minnesota Supreme Court; Case No. A22-0468


The brief concerns the denial of an attorney’s motion to suppress evidence seized from her files in connection with a criminal case in which the attorney is the defendant. The brief emphasizes the importance of the attorney-client privilege, and the need for procedural safeguards to protect the interest of the attorney’s clients, who are generally not involved in the attorney’s criminal case but whose confidences may be exposed to prying eyes. As the brief states on p. 6, “If a lawyer cannot convince a client to share all the necessary information, free from the threat that someday these confidential communications will be shared, the lawyer's ability to serve the client will be hindered and the profession itself will be damaged.”


Cathryn Middlebrook, Chief Appellate Public Defender, St. Paul, MN; Paul Sellers, Jill Brisbois, Minnesota Association of Criminal Defense Lawyers, Minneapolis, MN; William Ward, Minnesota State Public Defedner; Elizabeth Unger Carlyle, J. Justin Johnston, NACDL, Kansas City, MO

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