CRIMINAL PROSECUTION

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99-02 In the context of a plea agreement in a criminal case, a defense attorney should not advise a client to sign a written Waiver of Rights drafted by the prosecution without first fully informing the client of the legal consequences of the Waiver, and that by signing it, the client could also be considered to have waived the right to keep confidential the nature and substance of communications that had taken place between the lawyer and client in deciding whether to enter a plea and could be used against the client in any subsequent dispute over whether the lawyer fully discharged his or her professional duty to the client. Further, the attorney should not sign an Attorney's Certificate as part of a written plea agreement which has the effect of disclosing the nature, substance and extent of confidential attorney-client communications; which will be used as evidence of the knowing and voluntary nature of the plea; and which may have the effect of limiting the client's remedies against the attorney in any subsequent dispute concerning the client's rights involved in the plea agreement.

98-13 A lawyer may not represent a criminal defendant in a criminal case where another client in an unrelated matter is a State's witness, notwithstanding that each client may make an informed consent after a full disclosure of any relevant facts concerning such dual representation, because such dual representation would involve an inherent risk of violation of one or more Disciplinary Rules.

91-04 (A) An attorney may represent private parties in separate proceedings even though each party may be called as a witness in the other's case, where there is no reasonable likelihood of conflict between the two parties and where each consents to the dual representation after full disclosure of relevant facts. (B) An attorney may report to police authorities information regarding the commission of a crime against his client even though the likely perpetrator of the crime is a complaining witness against the client in a civil proceeding. (C) An attorney may meet with an interview a person he knows to be an adverse witness where he reasonably believes the person is not represented by an attorney and he properly identifies himself and his purpose prior to conducting the interview.

87-16 A state's attorney may not insist as part of a plea agreement that a defendant enter a plea of guilty rather than nolo contendere when the sole motive of the prosecutor is to attain an advantage for the victim in subsequent civil litigation.

86-06 There is no ethical reason why a City Grand Juror cannot prosecute criminal cases against defendants represented by a Defense Attorney who also holds the office of City Alderman.

79-02 A state’s attorney may not institute criminal proceedings in order to assist a third person in collecting moneys due and owing from the defendant.

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