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Conflicts Over Conflicts: Challenges in Redrafting the ABA Standards for Criminal Justice on Conflicts of Interest

30 Pages Posted: 24 Jan 2011  

Laurie L. Levenson

Loyola Law School Los Angeles

Date Written: January 24, 2011

Abstract

Currently, an ABA Task Force faces the considerable challenge of redrafting the ABA Standards for Criminal Justice. Prosecutors and defense counsel need clear guidance on how to handle conflicts of interest rules. However, the initial challenge is in identifying those questions a code of ethics should answer when it comes to conflict situations. With the help of prominent lawyers, academics and judges who participated in a series of roundtables on the new ABA standards, this article identifies forty of the key questions to ask about conflicts of interests. These questions allow real progress to be made toward creating a code that will direct the bench and the bar in the handling of criminal cases.

Suggested Citation

Levenson, Laurie L., Conflicts Over Conflicts: Challenges in Redrafting the ABA Standards for Criminal Justice on Conflicts of Interest (January 24, 2011). Loyola-LA Legal Studies Paper No. 2011-05; Hastings Constitutional Law Quarterly, Forthcoming. Available at SSRN: https://ssrn.com/abstract=1746848

Laurie L. Levenson (Contact Author)

Loyola Law School Los Angeles ( email )

919 Albany Street
Los Angeles, CA 90015-1211
United States
(213) 736-1149 (Phone)
(213) 380-3769 (Fax)

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