Comments on: Legal fictions: Confidential communications

By: This is why you should not listen to me | a public defender

This is why you should not listen to me | a public defender — Mon, 29 Sep 2008 22:13:06 +0000

[...] As if you needed more proof. [...]

By: Gideon

Gideon — Mon, 29 Sep 2008 14:44:33 +0000

Well, then, there you go! Shows you what I know.

I assume this applies to judicial provided interpreters.

By: nomadic

nomadic — Mon, 29 Sep 2008 14:21:53 +0000

Yes I have never heard of a jurisdiction where the presence of an attorney’s or client’s agent destroys confidentiality.

If you’re in Connecticut there’s a statute on point:
Sec. 52-146l. Disclosure of privileged communication by interpreter prohibited. Any confidential communication which is deemed to be privileged under any provision of the general statutes or under the common law made by a person with the assistance of an interpreter shall not be disclosed by such interpreter in any civil or criminal case or proceeding or in any legislative or administrative proceeding, unless the person making the confidential communication waives such privilege.

By: shg

shg — Mon, 29 Sep 2008 13:59:18 +0000

In my neck of the woods, where the interpreter is working for the attorney, he’s considered an adjunct and covered by the attorney-client privilege, just as an investigator would be. The use of an interpreter thus doesn’t result in any loss of confidentiality.

By: Lil Spicy

Lil Spicy — Mon, 29 Sep 2008 01:10:59 +0000

My office has a few full-time Spanish interpreters on staff. We use them for jail visits, written translations, investigations, whatever…..

Then our office has quite a few attorney’s & investigators who are bi-lingual in various languages as well, and they always help out if need be.

It’s not really a problem where I’m at.