When Your Incarcerated Client Cannot Afford to Call You
For lawyers representing incarcerated clients, communication is not a convenience—it is an essential part of providing effective legal representation. Yet something as ordinary as a telephone call can become surprisingly complicated when a client is behind bars.
When an incarcerated client cannot afford to call their lawyer, the consequences can extend far beyond a missed conversation. Limited communication can affect case preparation, delay important decisions, increase anxiety and make an already difficult legal process even more challenging.
The Communication Barrier
People outside correctional institutions rarely think twice about picking up a phone and calling their lawyer. An incarcerated person does not have that freedom.
Telephone access is controlled by the institution. Calls may be limited to certain hours, restricted in duration or subject to specific telephone systems and payment arrangements. Depending on the institution and telephone service involved, the cost of maintaining regular communication may also become a significant burden.
For someone who has little or no income while incarcerated, even relatively modest telephone expenses can matter.
The problem becomes especially serious when frequent lawyer-client communication is necessary.
Legal Cases Require Ongoing Communication
A criminal case rarely involves a single conversation between lawyer and client. Lawyers may need to discuss disclosure, review evidence, confirm facts, explain court procedures, consider plea options, prepare for bail or sentencing hearings and obtain instructions from their clients.
New information can also emerge quickly.
A witness may come forward. A court date may change. Additional disclosure may arrive. The Crown may make an offer requiring careful consideration. A lawyer may need clarification about something contained in a police report.
When telephone communication is difficult or unaffordable, these conversations may be delayed.
That creates a practical problem for both the client and the lawyer.
The Cost Can Shift to Families
When incarcerated individuals cannot afford telephone communication themselves, families frequently become part of the solution.
Parents, spouses, partners and other relatives may contribute money toward telephone expenses while already dealing with other costs associated with incarceration. These can include transportation for visits, commissary deposits, childcare, lost income and other household expenses.
For lower-income families, every additional expense matters.
Families may therefore find themselves making difficult choices about how frequently they can communicate with their incarcerated loved one and how much financial assistance they can realistically provide.
When legal communication depends upon the same limited financial resources, access to counsel can become another source of pressure.
Communication Supports Better Legal Representation
Reliable communication benefits the lawyer as much as the client.
A lawyer who can speak with a client when necessary can obtain instructions more efficiently, clarify information sooner and prepare more thoroughly for upcoming proceedings.
Regular communication can also help clients better understand what is happening with their case.
The criminal justice system can be confusing and intimidating, particularly for someone experiencing incarceration for the first time. Legal terminology, court procedures and lengthy periods between appearances can create considerable uncertainty.
A conversation with counsel can provide information, context and direction.
Finding More Affordable Ways to Stay Connected
Lawyers and families should become familiar with the communication options available at the particular institution where the individual is being held. Policies, technology and telephone arrangements can vary considerably between correctional facilities.
Where permitted, families may also want to investigate legitimate telephone services or communication solutions designed to reduce the cost of receiving calls from correctional institutions.
The important consideration is that any solution must comply with institutional rules and preserve the confidentiality required for lawyer-client communications.
Lawyers should never assume that an incarcerated client can simply “call when needed.” Asking about communication barriers early in the representation can identify problems before they interfere with the case.
Access to a Lawyer Requires Access to Communication
The ability to communicate with legal counsel is fundamental to meaningful participation in the justice system.
When the cost or structure of correctional telephone services makes communication difficult, the issue is bigger than a phone bill. It can affect a person’s ability to ask questions, provide instructions, understand legal options and participate effectively in their own defence.
For lawyers representing incarcerated individuals, ensuring that there is a practical and affordable method of maintaining contact should therefore be part of the conversation from the beginning.
Because access to legal representation means very little if the client cannot afford to make the call.
