Defense counsel in particular must remember not to violate their duty of confidentiality to their client when interviewing witnesses.
See AR 27-26, Rule 1.6. For example, counsel may want to reveal the client’s account of an event to a witness to assist in the interview. Such a disclosure may be exempt from confidentiality as “impliedly authorized in order to carry out the representation.” However, the better practice is to discuss the possibility of such disclosures with the client and obtain the client’s consent beforehand.

False Accusations of Sexual Assault in the Military & Why Are They So Common?

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