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Five Ethics Rules Every Prosecutor Should Know

The School of Government and the Conference of District Attorneys co-sponsored Practical Skills for New Prosecutors last week. The five-day course includes 12 hours of Professionalism for New Attorneys requirements, so we spent a lot of time talking about professionalism and ethics. While every attorney should, of course, be familiar with the Rules of Professional Conduct, there are five ethics rules that should be at the top of every prosecutor’s list.

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Officers’ Applications for Investigative Orders and the Unauthorized Practice of Law

May a law enforcement officer submit an application for an investigative order to a judicial official, or does that constitute the unauthorized practice of law? The answer depends on the type of order sought, as a letter of caution issued last week by the State Bar’s Authorized Practice Committee reveals.

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State Supreme Court Rules that the State Bar Can’t Discipline a Sitting Judge for Judicial Misconduct

Judges are lawyers, and lawyers are subject to discipline by the State Bar. Does that mean that judges are subject to discipline by the State Bar? Generally not, according to a recent ruling by the Supreme Court of North Carolina.

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Proposed Ethics Opinion: Defense Lawyers May Assist the State in Responding to Claims of Ineffective Assistance

Criminal defendants, especially those sentenced to long prison terms, sometimes try to attack their convictions and sentences by claiming that their trial lawyers provided ineffective assistance of counsel. The state sometimes seeks trial lawyers’ help in answering these claims, and trial attorneys may want to help in order to avoid findings of ineffectiveness. At the … Read more