Asking Potential Witnesses Not to Volunteer Information

 

  1. AR 27-26 Rule 3.4 forbids a lawyer from requesting an individual to not voluntarily provide information unless it is the client; or a relative, employee, or agent of the client and that person’s interest will not be adversely affected by their silence.
  2. AR 27-26 Rule 4.3 dictates that a lawyer should not give any advice to an unrepresented person other than to obtain counsel, impliedly authorizing an attorney to recommend to an unrepresented witness the attorney is interviewing that the witness seek counsel.

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