ethics
ETHICAL CONSIDERATIONS - TOPICS
Administration of Office and Files
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See also Client Records (below) - Dealing with an Unpublished Victory: Ethics and Strategy (PDF)
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 1.6
- 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 (PDF)- California Rules of Professional Conduct, rule 1.16
- Client Records, ADI Newsletters, Notes from the Director, July 2004 (PDF)
- Obligation of Appellate Attorney to Turn Over Files to Appellant/Successor Counsel, Jan. 2004 (use filter feature located at top)
- 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
- 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 1.6, 1.4 and 1.16
- California State Bar: Red Flags and Dangerous Clients
- Ethical Considerations in Criminal Appeals - Appellate Advocacy College, 2000
Confidential Records
- ADI's webpage on CONFIDENTIAL RECORDS
- ADI news alert of July 25, 2014, discussing Fourth District Order 11314 on citations to probation reports, pp. 3-4.
- Summary of rule changes effective January 2014, including completely revised rules on sealed and confidential records, pp. 4-12.
Conflicts of Interest
- ADI Manual, Chapter 2, Appealability, section 2.97
- Arguing One's Own Ineffective Assistance of Counsel, ADI Practice Article, 2011 (PDF)
- 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 (PDF)