The Established Continuing Duty

The Professional Lawyer, Vol. 25, Issue 1 (2018)

New England Law | Boston Research Paper No. 18-09

6 Pages Posted: 14 Sep 2018

See all articles by David M. Siegel

David M. Siegel

New England Law | Boston

Tigran Eldred

New England Law | Boston

Date Written: ,August, 2018

Abstract

This brief article traces the development of a new standard of practice for lawyers handling criminal cases: an obligation to assist their former clients, through affirmatively disclosing to subsequent counsel and protecting from disclosure to prosecutors, any information that may assist the former client in attacking his prior conviction – including attacking the work of his prior lawyer. This continuing duty, most recently and expansively recognized in the American Bar Association’s Standards for the Defense Function (4th Ed. 2016), reflects increased understanding of the importance of ensuring effective assistance of counsel, acknowledged in recent state and federal court decisions, opinions of the American Bar Association Committee on Ethics and Professional Responsibility and US Department of Justice policies. These obligations will impact prosecutors and judges, as well as defense counsel, because much of their impact will be in post-conviction proceedings. As there is yet no published commentary for the 4th Edition of the ABA’s Standards for the Defense Function, this article concisely presents the sources, background and contours of this new duty.

Keywords: Criminal Procedure, Post-Conviction Relief, Continuing Duty, Professional Responsibility, Legal Ethics

JEL Classification: K14, K41

Suggested Citation

Siegel, David M. and Eldred, Tigran, The Established Continuing Duty (,August, 2018). The Professional Lawyer, Vol. 25, Issue 1 (2018); New England Law | Boston Research Paper No. 18-09. Available at SSRN: https://ssrn.com/abstract=3248707

David M. Siegel (Contact Author)

New England Law | Boston ( email )

154 Stuart St.
Boston, MA 02116
United States
(617) 422-7270 (Phone)
(617) 422-7453 (Fax)

HOME PAGE: http://www.nesl.edu/clsr/

Tigran Eldred

New England Law | Boston ( email )

154 Stuart St.
Boston, MA 02116
United States
617-368-1433 (Phone)

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