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Litigation White Collar Crime

Attorney Proffers: Practical Considerations and Some Law Too

Handled with care, an attorney proffer can provide a critical opportunity to gauge a prosecutor’s reaction while limiting the risk of compromising the client’s potential defense at trial.

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One of the frequently used tools in a white-collar defense attorney’s kit — the attorney proffer of facts on behalf of a client — is not uniformly defined and will often proceed without any written or express oral understanding as to what ground rules apply. Unlike client interviews, which typically are governed by a written proffer or so called “Queen for a Day” agreement that provides the client certain limited but defined protections against his or her statements being affirmatively used in a later proceeding, federal prosecutors generally pronounce no formal policies regarding attorney proffers.

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