Also known as: discussions
Written by attorneys · grounded in primary & secondary sources — see below
An exchange of views or communications between parties or counsel in a legal proceeding or professional relationship. Such discussions commonly arise during plea negotiations, client counseling on the limits of permissible assistance, or analysis of issues in written work product.
Deborah Dunn met with prosecutors to explore resolving pending charges. After several rounds of negotiation the government withdrew its offer. At trial the prosecutor sought to introduce statements Deborah had made during those meetings. The court excluded the statements because they occurred during plea discussions that did not produce a final guilty plea.
Dylan Duffy asked his lawyer to structure a series of transactions that would conceal assets from regulators. The lawyer explained the limits on assisting with fraudulent conduct. When Dylan persisted in requesting the prohibited assistance the lawyer terminated the representation.
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Dominic Drake participated in meetings with the prosecutor to discuss a possible plea. No agreement was reached. Later the government attempted to use Dominic's statements from those meetings to impeach him at trial. The court ruled the statements inadmissible under the rule governing plea discussions.
Derek Douglas and opposing counsel presented competing accounts of the Fourteenth Amendment's original understanding. The court examined the historical record of congressional debates and state ratification proceedings. Those materials proved inconclusive on the precise question presented.
Dustin Donovan challenged restrictions imposed after Grand Central Terminal received landmark status. The city defended the rules by reference to zoning precedents and the distribution of regulatory burdens. The Court weighed those arguments in assessing whether the designation effected a taking.
David Dawson and other plaintiffs argued that evolving social attitudes required recognition of same-sex marriage. The Court reviewed the extensive public and governmental discussion that had occurred over recent decades. That record informed the constitutional analysis of liberty and equality claims.
Statements made during plea discussions are inadmissible against the defendant under Federal Rule of Evidence 410 unless an exception such as fairness or waiver applies. The rule protects both withdrawn guilty pleas and statements made when no plea results.
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A lawyer must withdraw when the client persists in using the lawyer's services to commit or further a crime or fraud after the lawyer has explained the limits on assistance. Withdrawal is mandatory under Model Rule 1.16(a)(4).
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When a state court opinion interweaves state and federal grounds without a clear statement that the judgment rests on independent state law, the Supreme Court presumes it has jurisdiction to review the federal question.
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…c. 31, § 16 (4th ed. 1762); 1 W. Blackstone, Commentaries 129-130; M. Hale, Pleas of the Crown 433 (1st Amer. ed. 1847). For discussions of the role of the quickening concept in English common law, see Lader 78; Noonan 223-226; Means, The Law of New York Concerning Abortion and the Status of the Foetus, 1664-1968: A Case of…