Prior to making the decision on whether or not to seek immunity for a client, defense counsel should investigate and understand the client's level of culpability. If the protection of immunity outweighs the potential adverse consequences associated with immunity, defense counsel should negotiate with the government for an immunity agreement. Defense counsel should consider formal and informal immunity agreements and choose an agreement that ultimately will provide the best protection for the client. During immunity negotiations, the client should be protected with temporary immunity arrangements to cover any proffers or off-the-record interviews. If immunity is granted, defense counsel should understand the scope and enforceability of the immunity. In certain situations, defense counsel may seek a protective order to help avoid any remaining criminal or civil exposure. When negotiating immunity, defense counsel should realize that the client may nonetheless be prosecuted; therefore, counsel must be prepared to seek dismissal of the indictment and to require the government to prove that the evidence it intends to use against the witness is not tainted by the immunized cooperation.