Counseling the White-Collar Defendant

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Authors

Martzell, John R.

Issue Date

1985

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18

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Journal Article

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FIRST PARAGRAPH(S)|What follows is an actual transcript of a demonstration interview between a defense lawyer and a potential client in a criminal investigation. This investigation involved an F.B.I. inquiry into possible bribes under the Foreign Corrupt Practices Act of 1977. The potential client was an executive of a company doing foreign business that had made a practice of using commissioned agents in foreign countries. The thrust of the interview was to determine the likely exposure of the potential client to criminal prosecution and, more importantly, to heighten his awareness of his situation and to prepare him for the realities of a full-blown federal criminal investigation.|It has been my experience that persons involved in white-collar crimes present a special challenge because they often are "power" persons-agressive, highly motivated individuals who are manipulators of others. They are accustomed to getting their way. They are highly successful and often are prominent in the community. In my experience, "empathic" counseling is not effective with such individuals. This transcript demonstrates an alternative approach that, in my opinion, ultimately leads to more positive and effective lawyer-client relationships with these special clients...

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18 Creighton L. Rev. 1353 (1984-1985)

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Creighton University School of Law

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