What (Can) (Should) (Must) Defense Counsel Withhold From the Prosecution in Ineffective Assistance o

ABA Formal Opinion 10-456 is an opinion that every criminal defense lawyer facing or bringing a claim of ineffective assistance of counsel (IAC) should read. The opinion, which has been met with criticism, explains that voluntary disclosures outside formal proceedings are impermissible, and that the self-defense exception to the obligation to maintain confidentiality has very limited application in the post-conviction context. Professor David M. Siegel outlines the opinion, describes developing jurisprudence concerning defense counsel’s cooperation with the prosecutor, and sets forth suggested practices for counsel facing allegations of IAC.