December 27, 2018 Top Story

Ethics Opinion Approves Sharing Confidential Info with State

Narrowly tailored disclosures permissible in defense of ineffective counsel claims

By Stephen Carr

Criminal defense attorneys accused by their former clients of being ineffective face a difficult decision—share information with the state that could harm their former client on retrial or remain silent and risk their own reputations.

A Nevada standing committee on ethics determined attorneys may provide sensitive information prior to judicial proceedings

A Nevada standing committee on ethics determined attorneys may provide sensitive information prior to judicial proceedings

iStockphoto by Getty Images

A recent Nevada ethics opinion gives attorneys permission to share with prosecutors information necessary to respond to such allegations before being required to do so by a court, provided the disclosure is narrowly tailored to the issues the former client raised in the claim.

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