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Ineffective Assistance of Counsel
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U.S. Department of Justice prohibits ineffective assistance of counsel waivers as part of plea bargains in federal criminal prosecutions

Hello everyone and welcome to this Ethics Alert which will discuss the recent Washington Post article which states that the Justice Department has prohibited U.S. Attorneys from requiring waivers of ineffective assistance of counsel in exchange for a plea. The Post article is here: https://www.washingtonpost.com/world/national-security/doj-to-amend-competent-counsel-waiver-practices-as-holder-prepares-to-step-down/2014/10/14/465efbde-53ba-11e4-809b-8cc0a295c773_story.html?hpid=z3 According to the Washington Post article, the Justice Department said Read More

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Kentucky Supreme Court upholds ethics opinion finding that a waiver of ineffective assistance claims as part of criminal plea bargain violates ethics lawyer rules

Hello everyone and welcome to this Ethics Alert blog which will discuss the recent Kentucky Supreme Court opinion which upheld an ethics opinion stating that waiver of ineffective assistance claims as part of plea bargain violates lawyer ethics rules. The opinion is: United States of America v. Kentucky Bar Association, Case No. 2013-SC-000270-KB (August 21, Read More

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Illinois disciplinary board recommends 6 month suspension for lawyer who “overreached” on a fee and sent communication to a prosecutor violating attorney/client confidentiality and implicating client

Hello everyone and welcome to this Ethics Alert blog which will discuss the recent Illinois disciplinary review board report and recommendation that a criminal defense lawyer receive a 6 month suspension for his misconduct in representing and defending clients in two criminal cases.  The disciplinary recommendation/report is In the Matter of: G. Ronald Kesinger, No. 1452908, Read More

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Florida Bar Ethics opinion finds that offer and recommendation of waiver of ineffective assistance and prosecutorial misconduct for criminal plea is unethical

Hello and welcome to this Ethics Alert which will discuss the Proposed Advisory Opinion which was recently issued by the Professional Ethics Committee of The Florida Bar which found that that offering and recommending plea where defendant waives ineffective assistance and prosecutorial misconduct claims is unethical.  The link to the proposed advisory opinion is here:  Read More

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