Client Interview and Planning; Evaluating the Case in general
In general
Counsel will usually have an opportunity to interview the client while he or she is still in jail.FN75 Once the client is at liberty, the attorney should interview him or her as soon as possible.FN76 Where the attorney has been instrumental in arranging for the client's release, the client is likely to be grateful and have an optimistic attitude towards the help that the attorney may be able to provide. This positive regard can be a valuable asset in attempting to elicit the information from the client necessary for the best defense. In addition, the mere fact that the client is now in the more relaxed setting of the law office is likely to put him or her at ease. It cannot be stressed enough that the quality of the personal relationship between the attorney and the client will be significant at every point in the defense of a computer crime case, as in every other case. Therefore, the attorney should be careful to observe the client's reactions and to strive for communication and an understanding of any apparent obstacles to rapport between attorney and client.
Computer workers in general have often been characterized as less cognizant of social reality than many other individuals. To the extent that the client fits this stereotype, the attorney should be particularly careful to explain exactly what is going on, and what the purpose is in the broad picture of things. To the extent that the attorney can draw a flow-chart indicating the steps along the way between the initial interview and the ultimate resolution of the case against the client, he or she is likely to convince the client that they speak the same language.FN77
To the extent that such explanation reduces the client's insecurity and increases his or her sense of understanding the importance of each act the attorney will take, this exercise is quite helpful. All that is required is a simple listing of the different steps in the criminal justice process, possible outcomes at each step along the way, and the responsibilities of the attorney and the client to make it more likely that a successful resolution of the case will occur. This explanation can be a very valuable preface to a discussion of fees.