David Serna Shares Why He Does Not Share His Case Wins

As David Serna practices criminal defense law, he has learned that it is in the client's best interest not to call attention to the case. Additionally, he feels that, almost always, posting client names or details about a case violates the client's rights to privacy.

David Serna firmly believes that lawyer-client communications must remain confidential or privileged. Meaning, lawyers should not share their clients' oral or written statements with anyone, including prosecutors, employers, friends, or even family members, without their client's consent. David Serna believes that it does not matter whether the defendant confesses their guilt or insists on their innocence; all communication forms with clients should and must remain confidential. He does not believe in posting news or case information regarding specific client cases.

David Serna sometimes finds it necessary to respond publicly to avoid an unfair picture being painted of the client or the case, especially when in situations where the media has taken an interest in his cases. But he never called and will never draw attention to himself at the expense of his clients. David Serna also warns that there are circumstances wherein clients may lose their right to confidentiality. When a client decides to discuss the case with an attorney in a public place, such as a restaurant or a coffee shop, loud enough for other people within the vicinity to overhear the conversation, the defendant no longer has a reasonable expectation of privacy and thus waives the privilege.

Similarly, David Serna also believes that defendants who communicate with their attorney regarding their case loudly via calls in public places risk losing the right to confidentiality. Sometimes, for understandable reasons, defendants want to bring someone to be present when they consult with their attorney. Unfortunately, by doing so, the right to claim confidentiality is at risk. However, the attorney can maintain the privilege by convincing the judge that including the relative or friend was necessary.

If you need any legal advice, you can reach lawyer David Serna, a nationally-recognized criminal defense lawyer, via email, telephone, video conferencing, or in-person visits under strict disinfecting protocol and mask requirements.