Ethics and the Criminal Law Attorney

The ethical rules for attorneys can be particularly thorny for criminal law practitioners. What are the ethical considerations around a prosecutor's charging decisions? If a prosecutor has exculpatory information, must that information be disclosed, and if so, when? Can a defense attorney put a witness on the stand that the attorney believes will perjure himself? What if that witness is his client?

This course, co-presented by current federal prosecutor Zach Intrater and former federal prosecutor turned defense attorney Lee Vartan of Holland & Knight, will explore the ethical questions that criminal practitioners, on both sides of the aisle, face every day. These quandaries will be considered in light of the American Bar Association Model Rules of Professional Conduct, Department of Justice policies, and case law. These sources may at times provide conflicting advice, and this course will provide guidance on how best to navigate those conflicts without running afoul of ethics rules.

Learning Objectives:

1. Identify typical ethics questions facing federal prosecutors versus typical ethics questions facing criminal defense attorneys
2. Consider how best to navigate those questions in light of Department of Justice guidance (for prosecutors), caselaw, and ethics rules
3. Discuss why ethics questions - and answering them correctly - are so critical to the smooth functioning of the criminal justice system