Farrelly, A. (2021). "The attorney-client relationship." In D. Guthmann, G. I. Lomas, D. Goff Paris, & G. A. Martin (Eds.), DEAF PEOPLE IN THE CRIMINAL JUSTICE SYSTEM (pp. 212-228). Gallaudet University Press.
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Amber D. Farrelly, J.D. is a practicing criminal defense attorney licensed in the State of Texas and the U.S. Western District Federal Court. Amber specializes in Deaf clientele and is a BEI court-certified American Sign Language (ASL) interpreter. Beginning in 2009, she has worked with the Innocence Project, the Innocence Project of Texas and the Texas Civil Rights Project. In 2010, Amber teamed with the Conviction Integrity Unit in Dallas County where she testified as an expert witness in the Stephen Brodie case—the first and only Deaf person exonerated in the United States. She continues to consult and testify as an expert on numerous cases involving Deaf individuals and promotes Deaf rights through interpreter presentations and workshops.
In Chapter 10, “The Attorney - Client Relationship,” Ms. Farrelly discusses not just the role of the attorney and client, but the importance of the attorney-client relationship in terms of diligent representation and trust between the two. Ms. Farrelly gives the contextual background and history of the right to counsel as a criminal defendant in the U.S. justice system and how that right has evolved today. Ms. Farrelly discusses the complex duty of the attorney in representing clients and ensuring the right of due process and access to counsel through interpreters for Deaf persons today.
The chapter expands on the nuances of representing deaf clients and the various roles that interpreters play in the criminal justice system. The chapter explains the difference between confidentiality and privilege and what that means to both the client and the interpreters involved. Finally, Ms. Farrelly’s chapter discusses the special case of the incompetent client. In this section, both mental and linguistic competency are discussed and the implications of these situations under the law.
