Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 21 - Performance Standards for Attorneys Representing Juveniles in Life without Parole Cases › Section XV-2111 - Conflicts of Interest

Current through Register Vol. 50, No. 6, June 20, 2024
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.