In here, there is relationship called attorney-client relationship.
A client-witness is one who has an existing attorney-client relationship with the hired attorney. The client is at the same time a witness or involved in a controversy and the hired attorney is the counsel. A non-client witness may refer to someone who may provide information to an attorney but no attorney-client relationship exists. The importance of an attorney-client relationship during an interview is that any information to be given by the client-witness is covered under the privileged communication rule. The privileged communication rule is a rule on evidence which provides that any information given by the client-witness to the attorney is kept confidential and cannot be divulged by the attorney without permission from the client-witness. On the other hand, the privilege is not applicable on the information gathered from or provided by a non-client witness since there is the absence of attorney-client relationship.
The differences between interviewing a client-witness and a non-client witness are based on the fact that the existence or absence of the attorney-client relationship will define what level of participation the witnesses will give to the interviewer. ...Show more