Proposed Formal Opinion 03-02 (Feb. 2003)
"It is the opinion of the NACDL Ethics Advisory Committee that, aside from
the general effect the courts might give such waivers, the rules of
professional ethics prohibit a criminal defense lawyer from signing a plea
agreement that limits the clients ability to claim ineffective
assistance of counsel because the lawyer has a conflict of interest in
agreeing to such a provision because it amounts to prospective limiting of
liability. Therefore, the lawyer is duty bound to object to portions of a
plea agreement that limit 2255 claims and refuse to assent to such an
agreement with such language in it."
http://www.nacdl.org/public.nsf/2cdd02b415ea3a64852566d6000daa79/ethicsopinions/$FILE/op03-02.pdf