For many attorneys, interaction with the FBI and other law
enforcement agencies is a completely foreign concept. Many general
litigators and corporate attorneys have little to no professional
experience with federal investigations involving their clients.
However, it is becoming more commonplace for the FBI or another
agency to interview attorneys to ask questions about a client who
may be the subject of an investigation or may have information
relevant to another investigation.
Because this is a fairly recent strategy of investigators,
attorneys who do not specialize in criminal or fraud defense may
struggle to determine the right course of action. The attorney may
be concerned about appearing uncooperative or suggesting that the
client has something to hide, and thus may feel an impulse to
answer the agent's questions. On the other hand, the
attorney's duty to maintain client confidences and secrets is
one of the most important aspects of the
