Criminal Defense of Immigrants


§ 3.55 3. General Considerations

Skip to § 3.

For more text, click "Next Page>"

There are a number of considerations to be taken into account when you are contacted by successor counsel concerning the validity of a conviction incurred when you were representing the client.  See § 3.53, supra.


                Post-conviction counsel will wish to make an appointment with you as original counsel to review your file and discuss the case.[165]  You should obtain a copy of an information release signed by the client authorizing you to release the information and discuss the confidential aspects of the case with successor counsel.


                After the interview is over, a declaration can be prepared for your signature recording exactly what was said.

[165] You should expect post-conviction counsel to be accompanied by an investigator or to use an investigator to conduct this interview, since former defense counsel is in effect a witness.  See People v. Jackson, 187 Cal.App.3d 499, 231 Cal.Rptr. 889 (1986) (possible ineffective counsel for failure to use an investigator while interviewing a prospective witness); see also People v. Guerrero, 47 Cal.App.3d 441 (1975).