Criminal Defense of Immigrants


§ 3.7 (D)

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(D)  Cultural Influences.  A foreign-born client’s specific culture and background may have a profound effect on the degree of honesty counsel will enjoy, and the attitude the client takes toward counsel and the criminal proceedings.  This topic has seen an increasing amount of welcome attention in the legal literature.[12]  Understanding a client’s culture may be necessary to (a) communicate effectively with the client; (b) understand the client’s goals; (c) understand the client’s background insofar as it motivates the client to take a certain posture with respect to the criminal case; (d) develop a relationship of trust and confidence with the client, and (e) understand many of the consequences the client may face in his or her community as a result of the criminal case.


[12] E.g., J. Connell & R. Valladares, eds., Cultural Issues In Criminal Defense (Juris Publishing 2000); J. Moore, editor, Immigrants In Courts (U. Wash. Press 1999).