Can A Lawyer Talk To Their Client During An Illinois Divorce Hearing Or Trial? - Russell D. Knight

From Law Office of Russell D. Knight - Can A Lawyer Talk To Their Client During An Illinois Divorce Hearing Or Trial? examines whether a lawyer may confer with their client once testimony has begun in an Illinois divorce hearing or trial. The discussion covers how attorney-client privilege applies throughout a divorce, and why a judge may instruct a lawyer not to discuss ongoing testimony with their client, even across breaks in a multi-day trial. The piece also considers how these rules apply to depositions, and why courts have found that counsel has no right to confer once a deposition has started.

The description distinguishes the rules that apply in criminal cases from those in civil matters like divorce, drawing on Glasser v. United States decided by the Supreme Court, as well as Stocker Hinge Mfg. Co. v. DARNEL INDUS. and Hill v. Ben Franklin Savings & Loan Ass'n. It also references LM INSURANCE CORP. v. ACEO, INC. from the ND Illinois in discussing deposition conferences, along with Ill. Sup. Ct. R. 3.4(b) and Beattie v. People, which address a lawyer's obligation not to assist a witness in testifying falsely.

The podcast also touches on modern courtroom issues, including how Zoom hearings have made attorney-witness communication during testimony harder to monitor. It highlights the importance of thorough preparation so that a divorce attorney rarely needs to interrupt testimony to speak with a client, and notes that providing direct examination questions to a client in advance is both ethical and normal practice.

Listeners are introduced to Russell D. Knight, Esq., a Chicago divorce attorney who has practiced family law since 2006 and written more than 750 articles on Illinois divorce and family law, with work appearing in publications of the Illinois State Bar Association. He earned his Juris Doctor from the University of Illinois College of Law and his Bachelor of Science from Bradley University, authored the chapter "Obtaining Orders of Protection" for the Illinois Institute for Continuing Legal Education's Family Law: Dissolutions of Marriage Court Proceedings 2024 Edition, and previously served as a faculty member for IICLE's Trial Training for Family Law Attorneys program.

Law Office of Russell D. Knight

1165 N Clark St #700, Chicago, IL 60610

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