Don’t Bring Your Notes To The Witness Stand Or The Prosecution Can See Them

In the case of People v. Gray, the Court of Appeal of California held that the disclosing of notes between the defendant and attorney to the prosecutor did not violate the attorney-client privilege because the defendant brought the documents with him to the witness stand. Basically, the defendant in this case brought 18 pages of notes with him to the witness stand in order to refresh his memory and as a visual aid, yet by doing so, the defendant waived any claim of attorney-client privilege. Even though the defendant’s counsel explained that the notes were of communications between the defendant and attorneys, the moment the defendant brought the documents to the witness stand, all rights to attorney- client privilege were waived. As such, the court required the documents to be disclosed to the prosecution. Both notes for the purpose of refreshing memory and for the use as a visual, even if such notes detail conversations between a client and an attorney, become part of evidence in a trial that the prosecution can see because the protection of attorney-client privilege gets waived the moment such notes and documents are brought to the witness stand.

By using this case as an example, it remains important to note that there are limitations to the attorney-client privilege. In essence, attorneys should not allow their clients to bring up notes or documents to help them refresh their memory on the witness stand. To prepare for trial and have the help you need to prepare to testify, call the attorneys from Wallin & Klarich. At Wallin & Klarich, our attorneys have been in practice for over 40 years and can help you prepare for your case. Call us today at 888-749-0034 or visit us online at www.wklaw.com. We will be there for you when you call.