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Sunday, May 20, 2007

CrimProf Mark Denbeaux and Law Student Published "The Attorney-Client Relationship in Guantanamo Bay"

Denbeaux_smSeton Hall CrimProf Mark Denbeaux and Christa Boyd-Nafstad, who will be receiving her J.D. degree from Seton Hall Law on May 25, have had their article “The Attorney-Client Relationship in Guantánamo Bay” accepted for publication in the upcoming issue of the Fordham International Law Journal.

The article details how attorneys representing clients in Guantánamo are at the heart of “cause lawyering,” similar to the civil rights attorneys of the 1960s, as they seek to advance a cause, create a dialogue and spark change, but with one critical difference. As a result of government regulations, cultural differences and a resulting inequality in the attorney and client relationship, lawyers representing detainees in Guantánamo find themselves limited in their ability to adequately represent those clients.

“The relationship between the attorney and the client in Guantánamo Bay is severely limited in two major respects,” says Boyd-Nafstad, of Tom Bean, TX. “First government regulations hinder the flow of information between the attorney and the client, and second the client has little, or no, knowledge of the U.S. legal system, making it difficult for the client to trust and realize the role of the attorney.”

Boyd-Nafstad also edited the second of Seton Hall Law’s “Guantánamo Reports” in preparation for Denbeaux’s testimony before the Senate Armed Services Committee in April. [Mark Godsey]

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