Legal Rights
Maintaining Attorney-Client Privilege in Federal Prisons
Your right to confidential communications with your attorney doesn't disappear when you enter federal custody. However, protecting those communications requires understanding the rules and following proper procedures. This guide explains how to maintain attorney-client privilege throughout your incarceration.
Understanding Attorney-Client Privilege in Prison
Attorney-client privilege is a fundamental legal protection that exists regardless of where you are. In the federal prison context, this means communications between you and your attorney regarding legal matters are generally protected from disclosure. The BOP has policies in place to protect these communications, but you must understand and follow them.
It's important to distinguish between the legal privilege itself and the practical procedures that protect it. The privilege belongs to you, but activating those protections in a prison setting requires following specific protocols.
Legal Mail: The "Special Mail" System
The BOP maintains a special mail system for legal correspondence. Understanding how it works is essential for protecting your written communications.
Special Mail Requirements
- Clearly Marked: Envelope must be marked "Special Mail - Open Only in Presence of Inmate"
- Sender Identification: Must show it's from an attorney or legal organization
- Proper Address: Attorney's return address must include bar number or firm identification
- Opened in Presence: Staff may open the envelope in front of you to check for contraband but cannot read contents
If correspondence doesn't meet these requirements, it may be processed as regular mail and subject to reading by staff. Make sure your attorney understands these requirements.
Telephone Communications with Attorneys
All regular phone calls in federal prison are monitored and recorded. To have unmonitored conversations with your attorney, you must use the attorney call system.
Critical Warning
If you call your attorney using regular phone minutes instead of scheduling an attorney call, that conversation IS monitored and recorded. The privilege may still technically apply, but the contents of the call will be in the government's possession.
Setting Up Attorney Calls
- Submit a request to your unit counselor to add your attorney to your approved attorney list
- Provide attorney's bar number and verification information
- Once approved, schedule attorney calls through your counselor
- Calls are typically 15-30 minutes and must be scheduled in advance
- Attorney calls do not use your regular phone minutes
Legal Visits
In-person visits with your attorney offer the most secure form of communication. Legal visits are generally conducted in non-contact visiting areas but in spaces where you can speak privately.
- Scheduling: Your attorney must schedule visits in advance through the institution
- Verification: Attorney must present bar card and photo ID
- Materials: Legal documents can be brought in for review (subject to security screening)
- Privacy: Visits occur in areas where conversations cannot be overheard
Electronic Communications (TRULINCS)
The TRULINCS email system is NOT protected by attorney-client privilege. All TRULINCS messages are monitored, even if sent to an attorney. Never discuss case strategy, legal advice, or other privileged matters through TRULINCS.
TRULINCS can be used for non-sensitive communications like scheduling visits or requesting document copies, but never for substantive legal discussions.
Common Mistakes That Waive Privilege
Privilege can be waived through carelessness. Avoid these common mistakes:
- Discussing legal matters on regular calls: Even one slip can expose your strategy
- Sharing attorney letters with cellmates: Disclosure to third parties waives privilege
- Using TRULINCS for case discussions: All electronic messages are monitored
- Improper mail marking: Letters not properly marked as legal mail may be read
- Speaking about your case in common areas: No expectation of privacy exists
Frequently Asked Questions
Is attorney-client privilege protected in federal prison?
Yes, attorney-client privilege is constitutionally protected in federal prison. Legal mail is processed separately, legal calls are not monitored, and legal visits have enhanced privacy protections. However, inmates must follow proper procedures to ensure these protections apply.
Can prison staff read my legal mail?
Legal mail (also called "special mail") can be opened in your presence for security inspection, but staff cannot read the contents. The mail must be clearly marked as legal correspondence and sent to or from verified legal representatives.
Are phone calls with my attorney monitored?
Properly scheduled legal calls should not be monitored. However, you must ensure your attorney is on your approved attorney call list and that calls are scheduled as legal calls. Regular phone calls are monitored even if you are speaking with your attorney.
How Sam Can Help
Understanding how to protect your legal communications is just one aspect of navigating the federal prison system. Sam Mangel helps clients and their legal teams understand BOP procedures and protocols to ensure effective communication throughout incarceration.
- Pre-Surrender Preparation: Establish communication protocols with your legal team before you enter custody
- Attorney Coordination: Help your attorney understand BOP visiting and communication procedures
- Ongoing Support: Navigate communication challenges that arise during incarceration
Protect Your Legal Rights
Proper preparation ensures you can communicate effectively with your legal team throughout your incarceration. Contact Sam to learn more.