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Paralegal Duties and Case Scenarios - Essay Example
In the legal perspective, a witness is a person who comes to court to provide testimony on matters he or she has a direct knowledge or to bring documents or records that are in his or her possession. He or she comes in the aid of the court in determining the truthfulness of the issues in a controversy…
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. ...