Ethics

ABA Ethics Opinion

Posted by emily on September 20, 2010
Practitioner Resources / No Comments

The ABA has issued an ethics opinion regarding defense counsel’s disclosure of privileged information to a prosecutor in response to a former client’s claim of ineffective assistance of counsel.  The ABA concludes that although an IAC claim “ordinarily waives the attorney-client privilege with regard to some otherwise privileged information…it is highly unlikely that a disclosure in response to a prosecution request, prior to a court-supervised response by way of testimony or otherwise, will be justifiable.”

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