Can a claim of ineffective assistance of counsel waives attorney-client privilege as to communications with the allegedly ineffective lawyer?
MultiRegion, United States of America
The following excerpt is from United States v. Nuwintore, No. 2:07-cr-0139 WBS AC (E.D. Cal. 2017):
A claim of ineffective assistance of counsel waives attorney-client privilege as to communications with the allegedly ineffective lawyer, but the waiver applies only (1) to the extent necessary to give respondent a fair opportunity to defend against the particular claim, and (2) in the collateral proceeding in which the claim is presented. Bittaker v. Woodford, 331 F.3d
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