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Ethical Considerations for Attorneys Representing Detained Immigrants

Recorded on: Aug. 3, 2017
Running Time: 01:32:00

As of April 2017, there were 884 individuals detained ICE custody in Northern California alone.  And in fiscal year 2016, the Department of Homeland Security reports having apprehended 530,250 individuals nationwide and conducted a total of 450,954 removals and returns. We are fortunate that in recent months, private and public funding has increased for pro bono representation of detained immigrants in several localities around the country. Representation of detained immigrants raises some unique challenges because the clients are particularly isolated, have extremely restricted means of communication available, their cases often entail procedural and criminal histories that raise numerous difficult legal issues, and their cases move at a fast pace. This training will provide you with the foundation that you need to navigate the many ethical challenges that may arise in representing detained immigrants.

You will learn:

  • How can I ethically address consent and confidentiality with a detained client?
  • How should I keep my client reasonably informed?
  • What conflicts of interest might arise in the context of ICE enforcement actions?
  • What should I do if I become concerned about the validity of evidence or testimony?
  • How can I ethically prepare my client to testify without eliciting too much information?
  • What if my client has multiple forms of relief and some may not seem worth pursuing?
  • How to discuss potential settlement offers with your client.

This training is designed for immigration attorneys who want to learn about ethical issues that arise in the context of detention work.  Participants should have a basic knowledge of immigration law, but need not have prior experience defending detained immigrants against removal.

Lecture Topics [Total time 01:32:00]

Segments with an asterisk (*) are available only with the purchase of the entire program.

  • Program Overview and Introductions* [00:02:17]
    Valerie A. Zukin
  • Ethical Considerations for Attorneys Representing Detained Immigrants [01:29:43]
    Holly S. Cooper, Valerie A. Zukin

Presentation Material

  • Ethical Considerations for Attorneys Representing Detained Immigrants Complete Course Handbook
  • Ethical Considerations for Attorneys Representing Detained Clients (PowerPoint slides)
    Holly S. Cooper, Valerie A. Zukin
  • California Rules of Professional Conduct - Table of Contents and Current Rules
    Holly S. Cooper, Valerie A. Zukin
  • Model Rules of Professional Conduct: Links to Relevant Rules and Comments Handout
    Holly S. Cooper, Valerie A. Zukin
  • 8 C.F.R. §§1003.101-02 - Code of Federal Regulations, Title 8: Part 1003, Subpart G: Executive Office for Immigration Review, Professional Conduct for Practitioners: Rules and Procedures (2017)
    Holly S. Cooper, Valerie A. Zukin
Chairperson(s)
Valerie A. Zukin ~ Lead Attorney Coordinator, Northern California Collaborative for Immigrant Justice
Speaker(s)
Holly S. Cooper ~ UC Davis School of Law
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