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Recent Formal Opinions
By Jack King
Monitoring of jailhouse communications; duty to protect privileged information in court-appointment claim forms
The NACDL Ethics Advisory Committee has released new formal opinions
pertaining to preserving attorney-client communications. Formal Opinion
02-01 (November 2002) outlines defense counsel’s duties to the client
when the attorney learns that jail or prison officials are monitoring,
have monitored, or intend to monitor attorney-client communications
between the detainee and his lawyer. Formal Opinion 03-01 (January 2003)
explains the legal and ethical obligations of counsel to protect
certain privileged information submitted to the court in compensation
claims for court-appointed criminal cases. Authored by John Wesley Hall,
Jr., and available to the public on NACDL’s Web site, www.nacdl.org these are the first two formal opinions the committee has issued since 1992.
Formal Opinion 02-01: Monitoring of attorney-client communications
The opinion notes that the
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