# Can anyone confirm this law as realistic for my story?



## ironpony (Aug 1, 2015)

I was doing some legal research for my plot, and I have asked experts, but the experts are now in a disagreement as to what's legal and what's not.  Basically an attorney is defending a man, charged with kidnapping.  The kidnap victim got away.

The attorney wants to question the victim on some things that happened, so he can create a better defense before the trial.  However, I want the attorney to question her, in a public place, so another character can eavesdrop on the conversation, and take matters into his own hands.

But I was told some experts that an attorney cannot question a witness outside of a courtroom, or the whole case would be tainted and the attorney would probably be facing contempt charges.  Other legal experts however tell me, that this is not true, and a lawyer can question a witness, outside of court, as long as the witness's lawyer is present for it.  But if that's true, can it still be done in any public place?

Can anyone confirm this, so I can be realistic and the reader will not see this a flaw at all?  Basically in my story the kidnap victim and the kidnapper's lawyer are working together in their own scheme.  But in order for them to work together, I need them to be able to communicate outside of court before trial, for the plot to work, if that makes sense.

Does anyone know if this can realistically work?  Cause the legal experts I ask cannot agree on what's fact.


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## bazz cargo (Aug 1, 2015)

Hi Ironpony,
I think you can get away with it.

1/ Not all laws are the same in each State.
2/ Very few readers would know the difference.
3/ This may not be a law, just a judicial guideline.
4/ Even lawyers break the law.
5/ Law changes over time.

Good luck
BC


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## Jared77 (Aug 1, 2015)

Yes, you can do this. For one thing, it's a book so can get away with a lot.  But there is a plausible way to do it: the deposition.

I used to work for attorneys as a legal assistant / file clerk and I attended depositions.  It wouldn't be that hard for someone to eavesdrop.  They would have to be sneaky, but hey that's the fun of writing!

Normally depos take place in a private room, but let's say a tornado hits the room and the chief lawyer insists on still doing the depo even if it's outside because they are on a ridiculously tight deadline or something. 

The possibilities are endless ☺


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## ironpony (Aug 2, 2015)

Jared77 said:


> Yes, you can do this. For one thing, it's a book so can get away with a lot.  But there is a plausible way to do it: the deposition.
> 
> I used to work for attorneys as a legal assistant / file clerk and I attended depositions.  It wouldn't be that hard for someone to eavesdrop.  They would have to be sneaky, but hey that's the fun of writing!
> 
> ...



Okay thanks.  But in a deposition, everything is recorded If the victim and the attorney are in on a sinister scheme together, they wouldn't want their conversation being recorded.


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## InstituteMan (Aug 2, 2015)

ironpony said:


> Okay thanks.  But in a deposition, everything is recorded If the victim and the attorney are in on a sinister scheme together, they wouldn't want their conversation being recorded.



This is pretty much exactly why there are laws and ethics rules against attorneys talking with (otherwise known as "tampering with") witnesses off the record. 

There are variations from state to state, and there are differences between civil and criminal cases, but it would be pretty odd for an attorney representing a defendant accused of kidnapping to be chatting with the alleged kidnapping victim in a public place.


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## Jared77 (Aug 3, 2015)

ironpony said:


> Okay thanks.  But in a deposition, everything is recorded If the victim and the attorney are in on a sinister scheme together, they wouldn't want their conversation being recorded.



Unless the recording device was "accidentally" broken....:concern: :lol:

And the court reporter's typewriter thingy accidentally stolen...or lost.....Get creative, you're a writer!

EDIT #2 lol - Or if the court reporter shows up inebriated from the night before and is actually just typing text messages the whole depo.  I wouldn't say that's entirely fiction...


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