Renewed War on Drugs, harsher charging policies, stepped-up criminalization of immigrants — in the current climate, joining the NACDL is more important than ever. Members of NACDL help to support the only national organization working at all levels of government to ensure that the voice of the defense bar is heard.
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NACDL is committed to enhancing the capacity of the criminal defense bar to safeguard fundamental constitutional rights.
NACDL harnesses the unique perspectives of NACDL members to advocate for policy and practice improvements in the criminal legal system.
NACDL envisions a society where all individuals receive fair, rational, and humane treatment within the criminal legal system.
NACDL’s mission is to serve as a leader, alongside diverse coalitions, in identifying and reforming flaws and inequities in the criminal legal system, and redressing systemic racism, and ensuring that its members and others in the criminal defense bar are fully equipped to serve all accused persons at the highest level.
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The attorney-client privilege is fundamental to fairness and balance in our justice system and essential to corporate compliance regimes. Without reliable privilege protections, executives and other employees will be discouraged from asking difficult questions or seeking guidance regarding the most sensitive situations. Available on this page are policies, press releases and other guidance from various government agencies relating to the Attorney-Client Privilege and Work-Product Doctrine.
President Carmen Hernandez's letter to Senate Judiciary Committee leadership regarding A bill to amend the Federal Rules of Evidence to address the waiver of the attorney-client privilege and the work product doctrine (S. 2450, 2007).
Brief of the National Association of Criminal Defense Lawyers as Amicus Curiae in Support of Respondent-Appellant Facebook.
White Collar Crime Policy: The SEC's New Cooperation Policy
Letter from House Judiciary Committee Chairman John Conyers and Crime Subcommittee Chairman Bobby Scott to Attorney General Holder Concerning Attorney-Client Privilege and Work-Product Doctrine, December 16, 2009.
Filip Memorandum: Principles of Federal Prosecution of Business Organizations, August 28, 2008.
In 2017, the U.K. High Court of Justice handed down a decision holding that attorney work papers, including witness interview memoranda, were not protected by the “litigation privilege” under U.K. law. Given the frequency of cooperation between the U.K. Serious Fraud Office and the U.S. Department of Justice, NACDL recognized that the decision had implications in the United States. When the case was appealed, NACDL sought to ensure that the U.K. appellate court understood the international implications of the High Court’s decision. This article tells that story.
Brief of Amicus Curiae of the National Association of Criminal Defense Lawyers.