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Limitations on the Effectiveness of Criminal Defense Counsel: Legitimate Means of 'Chilling Wedges?: Symposium

NCJ Number
University of Pennsylvania Law Review Volume: 136 Issue: 6 Dated: (June 1988) Pages: 1779-1973
E B Spaeth
Date Published
195 pages
Eight papers examine ethical dilemmas and limitations on the effectiveness of defense counsel.
The issue of when the Government can subpoena defense counsel to testify before a grand jury is considered. Problems posed by rules of professional conduct that discourage or prohibit an attorney in a case from being a witness in that case and the effect of a subpoena on the attorney-client relationship and communications are discussed. Issues raised by investigations of criminal defense counsel suspected of criminal wrongdoing are examined, particularly with respect to the use of investigative techniques such as electronic surveillance that may intrude into the zone of legitimate client-attorney relations. The effects of decision in Wix vs. Whitehead on criminal practice are discussed, focusing on the implications of perjurious testimony by criminal defendants on counsel's ability to present a zealous defense. Specific issues addressed include how much knowledge an attorney must have before acting on the conclusion that the client's testimony will be perjurious and the lawyer's responsibility in anticipation of client perjury or when the client commits perjury. Finally, the effects of various limitations on defense counsel that affect the client's sixth amendments rights are examined in relation to the scope of that right, the effects of forfeiture provisions that require counsel to forfeit fees that came from the proceeds of a criminal enterprise, and other intrusions and limitations on the attorney-client relationship. Chapter footnotes. For individual see NCJ-112478 to NCJ 112486.