posted 11-01-2010 06:54 PM         

Ted

Polygraph examinations are powerful tools for the defense lawyer. Notwithstanding, any criminal defense attorney permitting a client to submit to a polygraph administered by the police polygrapher is bordering on malpractice. Clients should only submit to polygraph examinations administered by an expert hired by the defense team. This way the results (good or bad) and the examiner are shielded by the attorney/client privilege. This means the testing remains a secret and the results cannot be used against the client’s interests. With that said, why should we submit our client to a polygraph? Well, sometimes it is good when they fail the test.

Client control is routinely a challenge, even among the most experienced criminal defense attorneys. After almost 20 years of criminal law practice some of my clients remain unmanageable, or at least difficult to handle. Over the years, however, I have learned some successful control techniques. One of which is the lie detector test, or polygraph examination.

Clients often refuse to face reality. That is, reality in the form of indisputable facts, confessions, physical evidence, at the like. Prosecutors make plea bargain offers based upon this evidence. But many times the recalcitrant client ignores this reality and insists upon a plan of action leading to inevitable failure. Many times, the client insists upon a claim of innocence despite a mountain of contrary evidence.

Now comes the polygrapher. From the client’s point of view… a neutral expert. The client knows the examiner is there to simply get facts. The client knows the examiner is not his advocate, does not negotiate for him, and does not care whether he is telling the truth. But the client also knows if he has been untruthful, there is a good chance he’ll now be discovered. Once discovered, the client knows he will need to face reality.

After a client fails a polygraph, I’m amazed how manageable they become. The client’s family feels better, too. (assuming we decide to tell them) That’s because their loved-one’s claims have now been fully investigated. Their defense claims have been given their proper due. The client is now in a better frame of mind to evaluate plea bargains, trial strategies, etc. I do not imply we roll over for the prosecutor, by any means. But at least the client has a realistic grip on their case and can make better, more informed decisions. That is how a College Station lawyer uses a polygraph for client control.

posted 11-02-2010 09:38 PM         

It showed up on a Google hit two days ago.

posted 11-03-2010 05:11 PM         

Here it is.

Ted

posted 11-04-2010 01:48 PM            

when I was conducting private examinations I found this to very, very credible and accurate.

Great thing for me! No reports when they failed....