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When prosecutors ask defense lawyers for a post-conviction affidavit

Oct 15, 2010 When prosecutors ask defense lawyers for a post-conviction affidavit

A colleague recently told me that he has previously complied with prosecutors’ requests for affidavits responding to his former criminal defense clients’ post conviction petitions.

At least according to a July 2010 ABA formal opinion, providing such an affidavit is inadviseable, at the very least. I agree, mainly for the reasons stated in the opinion.

Thanks to my separate colleague who brought this ABA opinion to my attention.

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