Deciding whether and when to contact the prosecutor requires a good grounding in the facts of the case, starting with the client and ranging as far as time and investigative resources permit. If it appears that the prosecutor intends to indict the client, the defense counsel might try to persuade him/her of the weakness of the prosecution's case or the innocence of the client as well as emphasizing mitigating factors that weigh against indictment; however, another perspective advises that contact with the prosecutor risks disclosing a defendant's case and strategy while offering little chance of persuading the prosecutor to do what he/she will do anyway given the facts of the case. The most useful rule in any negotiations with the prosecutor is that the same skills, tactics, and behavior useful in any negotiations apply in discussions with the prosecutor, notably understanding of the adversary's personality and perspective, thorough preparation, candor (distinct from disclosure of facts), and respect for the adversary's skill and intelligence. Goals and strategies for the negotiation include no prosecution, witness immunity from subsequent prosecution, and other forms of cooperation with the prosecution that are in the client's best interests. If prosecution is imminent, negotiations with the prosecutor may limit some of the consequences, perhaps by seeking a civil proceeding instead of the criminal processing, seeking a limitation of prosecution to a corporation, or seeking reduction of the charge. Thirty footnotes are provided.