Attorney Proffers: Practical Considerations and Some Law Too

February 13, 2020  |  New York Law Journal

One of the key tools that white-collar attorneys regularly use to engage with prosecutors – the attorney proffer – often proceeds without any express agreement regarding what ground rules apply. In this article, we discuss the law around attorney proffers, highlight special considerations for corporate clients, and conclude that ample support exists for the longstanding custom and practice of using a careful attorney proffer as a means for necessary “frank discussion between defense counsel and prosecutor” without undue risk to either side.

Attorney Proffers: Practical Considerations and Some Law Too (pdf | 474.87 KB)