Interference with Attorney, Paralegal or Law Student Visit

Interference with Attorney, Paralegal or Law Student Visit

Attorneys, paralegal and law students are entitled to special protections when they visit an incarcerated client. The rights of attorneys, paralegals and law students to enter prison without harassment was litigated in a Suffolk Superior Court case called Greenblatt v. Fair– a copy of that decision is attached. Two sections of the Department of Correction regulations also govern visitation in prisons. Visits by legal professionals are covered in 103 CMR 486.00 et seq. Visitation in general is covered by 103 CMR 483.00 et seq., some of which applies to legal visits.

If an attorney, paralegal or law student is asked to submit to any body search in order to enter prison, or if any other privileges extended by regulation to legal visitors are denied, they should contact the Department of Correction legal department at (617) 727-3300 ext.124, and ask to speak to the attorney of the day. Due to resource restraints, MCLS is unable to advocate on behalf of legal professionals who experiences interference with a legal visit. We can offer advice to any legal professional who experiences interference with a legal visit on how to advocate for him or herself. If you are calling from a prison or jail while you are trying to get access to your client, please call this office at 1(800)882-1413, ask for the intake attorney and explain that you need to speak to someone right then due to your circumstances.