Washington, DC (December 13, 2006) -- The National Association of Criminal Defense Lawyers, a leading member of the Coalition to Protect the Attorney Client Privilege, appreciates the deliberation that went into the Justice Department’s new policy guidelines on corporate investigations (the McNulty Memorandum) issued today. The National Association of Criminal Defense Lawyers is the nation’s largest voluntary bar organization dedicated to the defense of individuals and organizations accused of criminal misconduct.
After careful consideration, NACDL President Martin S. Pinales, made the following statement:
“As lawyers, we are ethically bound to represent the best interests of our clients. The rules of professional responsibility compel us to reject or work to change government policies that interfere with the attorney-client relationship.
“The McNulty Memorandum still falls short of protecting the attorney-client privilege, and the related work product doctrine, which derives from it. While formal requests for waiver of this important privilege – the oldest privilege at common law – must be approved by the Deputy Attorney General’s office or the head of the Criminal Division, requests for waivers can be implied without any approval or oversight. The fact that the new DOJ policy continues to reward companies that waive privilege suggests that the business of investigating companies will be business as usual.
“We also commend DOJ for elimination of payment or reimbursement of legal expenses as a factor determining whether or not a company should be criminally charged. However, the McNulty memo does not eliminate other troubling provisions of the Thompson Memorandum, such as valid joint defense agreements.
“Just as old as the attorney-client privilege is the principle of innocent until proven guilty. NACDL believes DOJ should recognize that a level playing field is better for companies, shareholders and the public, than policies which breed coercion, distrust and disdain for the rule of law.”
Pattern Cross-Examination for DNA and Biological Evidence: A Trial Strategy Guide
NACDL’s Pattern Cross-Examination for DNA and Biological Evidence will assist criminal defense practitioners in scoring points when cross-examining forensic experts in cases involving DNA and biological evidence. This resource contains thousands of questions that will help defense lawyers cross-examine challenging witnesses without reinventing the wheel with each new case. It includes pattern questions that can be used to dominate prosecution DNA experts and level the playing field at trial.
Cross-Examination of the Analyst in Drug Prosecutions (2nd Ed.) By James M. Shellow
Now in its second edition with some new material, James M. Shellow’s book offers what its title promises: ways of thinking about cross-examining the forensic analysts in drug cases. But the book is so much more than that. It offers a look inside the mind of one of the finest cross-examiners and defense lawyers the United States has produced in the last seventy years. This small book can inspire and direct you in making big changes in the way you defend your clients and think about the entire project of trying any case.
Justice For All, Justice Now White T-Shirt (Women’s)
This custom, vintage-faded NACDL t-shirt is 50% polyester, 25% cotton, and 25% rayon weighing 5.2 oz. and is lightwieght, flexible and soft, providing maximum comfort. It features the "Justice For All, Justice Now" slogan and Lady Liberty image on the front, with the NACDL logo on the back. Currently available in both men's and women's sizes in both black and white colors. View the full line-up of colors and sizes on our online store, as well as our other popular and best-selling t-shirt designs at: nacdl.org/store.
Drug Cases Resource Materials Collection - CD-ROM
NACDL’s Drug Cases Resource Materials Collection is the sweeping culmination of every single article of written materials ever published from each installment of NACDL's annual "Defending Modern Drug Cases" seminar. Totaling over 12,000 pages, this vast collection includes 12+ years of motions, briefs, reports, outlines, transcripts, case citations, scholarly articles, powerpoints and other written commentaries. This collection provides trial strategies and tactics you can immediately apply to your current cases.
Mental Illness & the Law: Addressing and Litigating Behavioral Health Disorders in Criminal Cases
Whether it is insanity, impairment, a disorder, or adolescent brain development; mental health and intellectual competence issues affect pretrial supervision, trial and sentencing, and your chances of successfully advocating for your impaired client. This training provides ideas and proven solutions to assist you in advocating for your client during trial, whether it be insanity defenses, jury selection, cross of expert witnesses, persuasion, or mitigation at sentencing.
NACDL Communications Department
The National Association of Criminal Defense Lawyers is the preeminent organization advancing the mission of the criminal defense bar to ensure justice and due process for persons accused of crime or wrongdoing. A professional bar association founded in 1958, NACDL's many thousands of direct members in 28 countries – and 90 state, provincial and local affiliate organizations totaling up to 40,000 attorneys – include private criminal defense lawyers, public defenders, military defense counsel, law professors and judges committed to preserving fairness and promoting a rational and humane criminal legal system.