The Champion

April 2003 , Page 11 

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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, 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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