Ethics, Criminal Pleas, and Immigration Law - Doing the Right Thing for the Alien Criminal Defendant

 
November 2012
 
Ethics, Criminal Pleas and Immigration Law - Doing The Right Thing For The Alien Criminal Defendant - The Law of Lawyering, Ethics and Professionalism   - Live Webcast
 
This program explores guidelines for criminal defense as well as immigration attorneys to gauge their own competence and due diligence in negotiating and recommending criminal pleas for aliens (non United States citizens): the law of lawyering where immigration and criminal law converge. Recent United States Supreme Court decisions impact the negotiation role of criminal defense attorneys.  The history of that representation may later result in significant immigration consequences at times tragically unforeseen. The attorney's ethical and professional obligations will be examined throughout.
 
Who is the client? Has adequate representation evolved to a higher standard? 
· The reach of the Sixth Amendment: how Lafler v. Cooper and Missouri v. Frye are likely to impact noncitizen advisements during the plea negotiation process?
· Raising the stakes: what is defense counsel's duty pursuant to Padilla v. Kentucky when advising noncitizen clients during the plea negotiation process? 
· ABA Standards for Criminal Justice
- Rule 11
- Doing the right thing--the easy way and the hard way: motion to clarify, affidavit of error and omission or what?
Presented by Arnulfo Hernandez
 
How has People v. Pozo impacted the immigration representation in pre and post conviction circumstances?
 
· Defining People v. Pozo minimal standard of competency to render effective and constitutionally acceptable representation to a noncitizen client.  
· Before and after the plea or conviction
- Direct and collateral consequences
Presented by Bob Heiserman
 
How do counsel assess their own performance? What ethical guidelines inform subsequent counsel?
· Ethical responsibilities of lawyers both making and receiving an ineffective assistance of counsel claim
· Is a grievance really required in an ineffective assistance of counsel claim pursuant to Lozada v. INS?
· Does ineffective mean unethical?
Presented by Alec Rothrock
 
Agenda:
8:00 a.m. - 8:30 a.m. Registration
8:30 a.m. - 9:30 a.m. Program
 
 
About the Faculty:
Arnulfo D. Hernández is founder and managing partner of the law firm of Hernandez & Associates, P.C. The law firm specializes in criminal defense and immigration removal defense.  Arnulfo graduated cum laude from the University of the Incarnate Word in San Antonio, Texas, in 2001 with a double major in Political Science and Psychology.  He attained his law degree from the University of Denver in 2005 and his LL.M. in taxation in 2007. Arnulfo clerked for the Colorado Attorney General's Office in their Foreign Prosecutions Division and the Procuraduria de Justicia in Guanajuato, Mexico.  He is fluent in Spanish.
 
Arnulfo is a Life Member of the Colorado Criminal Defense Bar, a member of the American Immigration Lawyers Association and of the Faculty of Federal Advocates.  He is a Board Member of the Colorado Hispanic Bar Association and the current Education Committee Chair, as well as an active member of the Rhone Brackett Chapter of the American Inns of Court.  Arnulfo represents individuals in criminal and immigration proceedings before local Colorado state courts, U.S. Federal District Court, U.S. Citizenship and Immigration Services, the Executive Office for Immigration Review, the Board of Immigration Appeals, the 10th Circuit Court of Appeals and the 9th Circuit Court of Appeals.
 
Robert G. Heiserman was an adjunct professor of law at the University of Denver Sturm College of Law. He practices only in the field of immigration law. Successful clients of his firm include corporate, professional, medical, scientific, engineering, professional and amateur sports organizations as well as theater and the arts. Bob was the founder of the Colorado chapter of the American Immigration Lawyers Association (AILA), and later served on its national Board of Governors. He was also chair of AILA's national Professional Ethics and Grievances Committee for 9 years. He presented papers and led discussions on professional responsibility and immigration law before civic and professional groups, trade associations, and government agencies both in and outside the United States. Bob has directed his own practice since 1972.
 
Alexander “Alec” R. Rothrock is a shareholder with the Greenwood Village, Colorado law firm of Burns, Figa & Will, P.C. He received a Bachelor of Arts degree in history from the University of Michigan at Ann Arbor in 1981 and a Juris Doctor degree from DePaul University College of Law in Chicago in 1984. Mr. Rothrock's practice emphasizes legal ethics and attorney discipline defense, and the law of practicing law. Mr. Rothrock is a frequent lecturer on topics of legal ethics and professional conduct. He is a former chair of the Colorado Bar Association Ethics Committee.

Location Information
Webcasts - live from your computer

Denver, CO
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Registration Fees
Non Member $39.00
CBA $29.00
CIMM $19.00
CRIM $19.00
SO/SM $19.00
CLEACCESSPASS $0.00
  • General Credits: 1.00
  • Ethics Credits: 1.00
  • EDI Credits:

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Start Date - End Date
November 27, 2012
Start Time - End Time
8:30 AM - 9:30 AM
Event Location
Webcasts - live from your computer
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