Megan Elman
87 Geo. Wash. L. Rev. 430
Noncitizens entering the criminal justice system care about not only the length of a possible sentence but also the impact of a conviction on their immigration status. Criminal defense attorneys, however, are only constitutionally required to inform clients of immigration consequences when a conviction or plea deal will unambiguously lead to deportation. Despite limited legal obligations, criminal defense attorneys arguably have an ethical obligation to understand and explain to their clients all possible immigration consequences and also to negotiate immigration- neutral outcomes. This ethical obligation derives from the American Bar Association’s Model Rules of Professional Conduct. The American Bar Association should clarify and bolster this obligation by including language recommended in this Note as a comment to Model Rule of Professional Conduct 1.4. Forty-nine states have binding ethical rules based on the Model Rules of Professional Conduct; thus, inclusion of the recommended language will raise national awareness of the obligation, normalizing the standard and encouraging states to adopt similar requirements.
