La. Admin. Code tit. 22 § XV-2111

Current through Register Vol. 50, No. 9, September 20, 2024

Section XV-2111 - Conflicts of Interest

A. Counsel should be alert to all potential and actual conflicts of interest that would impair counsel's ability to represent a client. Loyalty and independent judgment are essential elements in the lawyers relationship to a juvenile client. Conflicts of interest can arise from the lawyers responsibilities to another client, a former client or a third person, or from the lawyers own interests. Each potential conflict shall be evaluated with the particular facts and circumstances of the case and the juvenile client in mind. Where appropriate, counsel may be obligated to contact the Office of Disciplinary Counsel to seek an advisory opinion on any potential conflicts.

B. Conflicts of interest experienced by one counsel are relevant to all counsel: the existence of a conflict free lawyer on the defense team does not ameliorate the potential harm caused by a conflict affecting another lawyer on the team. Counsel should have a procedure for identifying conflicts when receiving new assignments and reviewing existing cases for conflicts where there is a relevant change in circumstances. At a minimum, counsel should maintain a conflict index containing the names of current and former clients which should be checked against the name of the client and, where known, the name of the victim(s), the name of any co-defendant(s) and the names of any important witnesses.

C. Where a juvenile life without parole case involves multiple defendants, because of the unique nature of the sentencing hearing, a conflict will be presumed between the defendants and separate representation will be required.

D. The attorneys obligation is to the juvenile client. An attorney should not permit a parent or custodian to direct the representation. The attorney should not share information unless disclosure of such information has been approved by the child. With the childs permission, the attorney should maintain rapport with the childs parent or guardian, but should not allow that rapport to interfere with the attorneys duties to the child or the expressed interests of the child.

E. Conflicts of interest should be promptly resolved in a manner that advances the interests of the client and complies with the Louisiana Rules of Professional Conduct.

F. If a conflict develops during the course of representation, counsel has a duty to notify the client and, where required, the court in accordance with the rules of the court and the Louisiana Rules of Professional Conduct. Defense counsel should fully disclose to the client at the earliest feasible opportunity any interest in or connection with the case or any other matter that might be relevant to counsel's continuing representation. Such disclosure should include communication of information reasonably sufficient to permit the client to appreciate the significance of any conflict or potential conflict of interest.

G. Where the client files a motion, complaint or grievance against counsel in regard to the quality of his or her representation, counsel should notify the district defender or the agency responsible for the assignment of counsel to the case.

H. Any waiver of conflict that is obtained should comply with the requirements of the Louisiana Rules of Professional Conduct and should be obtained through and after consultation by the client with independent counsel who has explained:

1. that a conflict of interest exists;

2. the consequences to his defense from continuing with conflict-laden counsel; and

3. that he has a right to obtain other counsel.

La. Admin. Code tit. 22, § XV-2111

Promulgated by the Office of the Governor, Public Defender Board, LR 431918 (10/1/2017).

AUTHORITY NOTE: Promulgated in accordance with R.S. 15:148.