Professional Responsibility in Criminal Defense Practice

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This practice-oriented guide addresses the problems faced by attorneys when serving as criminal defense counsel. It provides trial guidance for striking the correct balance between duty to the client under the Sixth Amendment representing a client's interests, yet obeying the law and maintaining a profitable practice. Topics include the scope of the right to counsel, duty of candor, confidentiality of information, attorney-client privilege, subpoenas and search warrants directed at attorneys, and tampering with physical evidence or documentary evidence. Covers liability issues of criminal defense lawyers as potential accessories, hindering, compounding, misprision, and malpractice for the criminal defense lawyer.

Features

Details conflict of interest issues beyond the requirements of ethics codes
Examines issues of attorney confidentiality and addresses subpoenas and search warrants directed at attorneys
Reviews criminal defense malpractice and ineffective assistance issues and provides guidance in attorney contempt cases
Addresses identifying difficult clients, defensive defense lawyering, recognizing and preventing lawyer burnout, and professionalism v. zealous advocacy

Summary of contents
Replacement pages

Chapter
1. Introduction
2. Sixth Amendment Right to Counsel
3. Lawyer’s Duties of Fairness, Honesty, and Candor
4. Lawyer-Client Relationship
5. Organization as a Client
6. Ethical Responsibilities Among Lawyers and Within Law Firms
7. Attorneys’ Fees
8. Currency Transaction Reports
9. Ethical Duties of Defense Counsel
10. Ineffective Assistance of Counsel
11. Representing the Mentally Ill or Mentally Impaired
12. Extrajudicial Statements
13. Conflicts of Interest in General
14. The Problem of Multiple Representation
15. Ethical Duties in Plea Discussions
16. Duties in Relations with Witnesses
17. Communication with Persons Represented by Other Lawyers or the Unrepresented
18. Ethical Duties Toward Judges and Jurors
19. Ethical Duties And The Trial Process
20. Defense Counsel’s Duties After Finding of Guilt
21. Duties on Termination or Withdrawal
22. Obstruction of Justice in General
23. Handling or Tampering with Physical or Documentary Evidence
24. Accessory and Conspiracy Liability of and Compounding and Misprision by Lawyers
25. Subornation of Perjury and Tampering with Witnesses
26. Client Perjury
27. Lawyers Under the U.S. Sentencing Guidelines
28. Confidentiality of Information
29. Attorney-Client Privilege
30. Subpoenas and Search Warrants Directed at Lawyers
31. Malpractice and Other Civil Liability
32. Grounds for Professional Disciplinary Action
33. Attorney Contempt
34. Other Ethical Issues

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