Post-Conviction Ethics Issues for Criminal Defense and Prosecution - Breakout #2

Thursday, May 31 
(10:40am - 12:20pm)

Moderator: Tigran Eldred 
Panelists: David Siegel, Donna Patalano, Colon Willoughby

The continuing duties owed by prosecutors and defense attorneys after conviction -- for example, when a third party steps forward with information that indicates that a convicted defendant is innocent – remains a topic of significant interest. What do the Model Rules require and how do the rules in local jurisdictions differ? What approaches are prosecutors employing, such as Conviction Integrity Units, to address wrongful convictions and how are they working? What obligations do defense attorneys owe to former clients who claim ineffective assistance of counsel and how should prosecutors respond in such cases? Using hypotheticals based on real world cases as a springboard, this panel will address these and related ethical questions that arise in the post-conviction context.


  1. Eldred on Guideline 10.13
  2. Joy McMunigal
  3. Report on Rule 3.8 Subcommittee Meeting on April 13 2016
  4. Rule 3.8 Prosecutor Duty Re Exculpatory Evidence Adopted by Council Jan 2017 (003)
  5. Rule 8 6 Duty of Disclosure for All Lawyers Adopted by Council Jan 2017
  6. Siegel - What Defense Counsel Withholds
  7. Subcommittee Report April 2016 FINAL for Agenda
  8. Subcommittee Report June 29 2016
  9. Subcommittee Report July 2016  FINAL
  10. Subcommittee Report September 2016
  11. The Continuing Duty in Reality Draft for ABA CPR Conference

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