In a Case Drawing National Attention, the Kentucky Supreme Court Addresses the Ethics of Waivers of Ineffective Assistance of Counsel in Plea Bargains

DPA General Counsel, B. Scott West, has published an article in the Kentucky Law Journal about the landmark Kentucky case regarding waivers of IAC claims.

United States v. Kentucky Bar Association: In a Case Drawing National Attention, the Kentucky Supreme Court Addresses the Ethics of Waivers of Ineffective Assistance of Counsel in Plea Bargains

In an opinion that is creating ripples throughout the country with respect to the ethics of criminal plea bargaining, the Kentucky Supreme Court in United States v. Kentucky Bar Association affirmed Kentucky Bar Association (“KBA”) Advisory Ethics Opinion E-435 to be a correct statement of the Kentucky Rules of Professional Conduct. That advisory opinion stated that it was a concurrent conflict of interest for a criminal defense attorney to advise a client whether to accept a plea bargain which contained a prospective waiver of a claim of ineffective assistance of counsel (IAC) against that attorney, and that likewise it was a violation of the rules for a prosecutor to induce or assist an attorney to violate the Rules of Professional Conduct by including such a waiver in an offer on a plea of guilty. [Footnotes omitted] 

For the complete article for to this link..

Your Client Has Filed A Bar Complaint - Special Article by Deputy Bar Counsel

The first section of this article discusses several issues with clients who are criminal defendants. The second section discusses the lawyer disciplinary process in Kentucky. Finally, common issues presented in bar complaints filed by defendants in criminal cases are highlighted so that practitioners may anticipate and address these issues before they present ethics concerns. The suggestions made are based, in part, on the author’s experience as a criminal law practitioner at the trial and appellate level over a period of several years and experience as the Consumer Assistance Manager and a Deputy Bar Counsel with the Kentucky Bar Association (KBA).

Complete Article in pdf