NCJ Number
112486
Journal
University of Pennsylvania Law Review Volume: 136 Issue: 6 Dated: (June 1988) Pages: 1965-1973
Date Published
1988
Length
9 pages
Annotation
A combination of legislative, investigative, and prosecutorial policies have moved to restrict zealous advocacy and have created unease in the legal community.
Abstract
There has been a dramatic increase in the use of grand jury subpoenas to lawyers for information relating to their clients. Lawyers have become the the targets of highly intrusive investigative techniques, including searches of their offices, electronic surveillance, and the use of informers. Congress has given prosecutors the power to prevent criminal defendants from retaining the counsel of their choice by threatened forfeiture of attorney's fees. In addition, ethical issues have been invoked that limit the right to counsel. For example, courts may disqualify defense counsel from representing more than one client on a theory of conflict of interest; and moves to prescribe ethical conduct have significant potential for eroding attorney-client confidentiality and trust. Access to counsel also is limited by a lack of lawyers and/or funding for indigent clients or by overly large caseloads of public defenders that preclude adequate time for investigation and preparation. It is ironic that, at a time when ethical demands on defense counsel are being increased, the central purpose of the sixth amendment -- to provide meaningful and effective assistance of counsel -is being denigrated. 39 footnotes.