ETHICAL CONSIDERATIONS - TOPICS

Administration of Office and Files

ADI Manual, Chapter 1, Basic Information, section 1.6                         

Adverse Consequences

ADI Manual, Chapter 4, Issue Spotting, section 4.1117
Ethical Duties of Appellate Counsel toward Clients, 2007 SDAP Seminar

Appellate Counsel Duties

Ethical Considerations in Criminal Appeals - Appellate Advocacy College, 2000
Ethical Dilemmas I & II, 2005 SDAP Seminar
Ethical Duties of Appellate Counsel toward Clients, 2007 SDAP Seminar
Ethical Issues in Appointed Criminal Appeals and Habeas Petitions, 2011 ADI Seminar  

See also Client Records (below)

Attorney-Client Confidentiality

ADI Manual, Chapter 1, Basic Information, sections 1.46 – 1.51
Business and Professions Code , section 6068, subdivision (e)
California Rules of Professional Conduct, rule 3-100
Evidence Code sections 917 and 952             

Client Records

ADI Manual, Chapter 1, Basic Information, sections 1.60 - 1.68
Attorney’s Obligations with Respect to Possession of Transcript and Files, ADI Newsletters, Notes from the Director, August 1997
California Rules of Professional Conduct, rule 3-700(D)
Client Records, ADI Newsletters, Notes from the Director, July 2004
Obligation of Appellate Attorney to Turn Over Files to Appellant/Successor Counsel, Jan. 2004
State Bar Formal Opinion No. 1992-127
State Bar Formal Opinion No. 2001-157   

Client Relations

ADI Manual, Chapter 1, Basic Information, sections 1.39, 1.40 – 1.58, 1.69 – 1.78
ADI MCLE, November 2008 Seminar Handling Difficult Clients
American Bar Association: Identifying Violent Clients
California Business and Professions Code section 6068, subdivisions (e)(1) and (e)(2)
California Business and Professions Code, section 6068, subdivision (m)
California Evidence Code section 956 and section 956.5
California Rules of Professional Conduct, rules 3-100, 3-500 and 3-700(b) and (c)
California State Bar: Red Flags and Dangerous Clients
Ethical Considerations in Criminal Appeals - Appellate Advocacy College, 2000
Confidential Records and Briefs, ADI News Alert, August 2009

Conflicts of Interest

ADI Manual, Chapter 2,  Appealability, section 2.97
Arguing One’s Own Ineffective Assistance of Counsel, ADI Practice Article, 2011
Ethics of Representing a Retained Client on Appeal Whom the Attorney Represented at Trial, Jan. 2007
Handling Dangerous Clients - See Client Relations topic, above.

Cooperation, Trial Attorney’s Continuing Duty

ADI MCLE – Writs of Habeas Corpus and Relations with Trial Counsel, March 2008
Ethical Duties of Trial Counsel to Former Clients and Appellate Counsel, 2007 SDAP Seminar Article
Trial Counsel Cooperation

Ethics in the Electronic Era