Defense counsel must communicate with clients early and often to comply with their ethical duties and provide high-quality representation. But when indigent clients are incarcerated in California prisons, they face barriers to communicating confidentially. To help address these issues, Samuelson Clinic students partnered with the First District Appellate Project to research and write a guide for appointed attorneys on the methods available for communicating with incarcerated clients in the California Department of Corrections and Rehabilitation (“CDCR”).
As part of their research, Clinic students interviewed formerly incarcerated individuals, appellate attorneys, and CDCR employees. They investigated a wide range of issues from how private corporations train AI models on prison calls to how indigent clients can access free legal envelopes.
The resulting guide surveys newer communication tools such as confidential video calls and tablet-based messaging alongside more traditional methods like legal mail and phone calls—and explains the ethical and practical implications of each. It also addresses specific communication strategies for representing incarcerated clients with disabilities, overcoming language barriers, and navigating concerns about sensitive case materials. While the guide focuses on the different communications methods, it also emphasizes that truly effective client communication is about “showing up” for clients and building an attorney-client partnership.