DPA 2025 Annual Conference

This session will be an analysis of the rules and law regarding the entry of a guilty plea. The session will start with negotiation and proceed to enforcement of a plea. We will troubleshoot common pitfalls and problems that are encountered and how to avoid them.

What happens when a Client informs you that he intends to take the stand and lie? Do we remain silent? Do we inform the Court? Can or Should we withdraw from the case? What is the process? What happens if the client does not tell you he is going to lie, but then he gets up there on the stand and does so? These questions, and more, will all be answered in this presentation. Special emphasis will be placed on Rules of Professional Conduct 1.2 (Allocation of Authority Between Client and Lawyer), 1.6 (Duty of Confidentiality), and 3.3 (Duty of Candor to the Tribunal), and case law interpreting these rules.

We will examine how to gather and utilize mental health evidence in a practical manner in your case. This will include the ethical handling of the material and involvement of the client in the decision making process. Different specific defenses and scenarios will be examined with an emphasis on the courtroom application of mental health evidence.

Don’t be afraid of an “appeal.” It’s likely you already possess the skillset to competently appeal a district court order. To help you draft a winning brief, this session provides a step-by-step guide alongside your ethical obligations.

Attendees will gain insight into critical discovery tactics that ensure your team is fully informed and prepared for the legal challenges ahead. Whether you're a seasoned attorney or a member of the defense team in a supportive role, this session will help ensure compliance with ethical obligations under Supreme Court Rules 3.130. In this session, we will explore the critical role of understanding Kentucky’s Open Records Law and how it intersects with discovery in criminal cases to ensure competent representation, as required by Rule 1.1. We’ll examine how a strategic approach, combining Open Records and discovery efforts, can help attorneys fulfill their duty of diligence under Rule 1.3. Additionally, we will discuss the importance of effective and ongoing communication under Rule 1.4 to maximize the positive impact of both discovery and Open Records on the client's litigation. Finally, we will address the ongoing duty of confidentiality under Rule 1.6, emphasizing how attorneys can navigate Open Records and discovery while protecting sensitive client information.

Whether it is a coworker or client, invisible disabilities impact lives. This is an awareness raising session to identify invisible disabilities as well as identifying ways to combat the stigma associated with disabilities. We will discuss best practices for representing (advocacy) clients and ways to support our colleagues with invisible disabilities. There will be an overview of the ADA and Rehabilitation Act, ethical obligations such as Competency & Capacity issues, and information on P&A’s role.

The goal is to build strong communication techniques on client representation teams so we can better collaborate for our clients. Not only is it better clients, it’s also ethically required.

During this session, participants will learn strategies and techniques to incorporate the client’s story into a compelling mitigation argument throughout the second phase of a non-capital trial or sentencing hearing. Rules 1.1 and 1.3 require that we are competent and diligent and thus we must zealously represent our clients even after a guilty verdict. By using interview and investigatory techniques we can uncover stories of our client’s past and present that can be crafted into a compelling mitigation story to help a judge and/or a jury to believe our clients deserves a brighter future.

DPA values delivering excellent client-centered representation. This core value overlaps the Trial and Post Trial Divisions and unites us in advocating for our clients to be treated fairly and receive a just result which is grounded in the facts and law of their cases. This commitment grows out of the duty of loyalty we have to our clients. This session will:
• Celebrate examples of collaboration that produced positive outcomes for clients.
• Examine the ethical rules and standards of practice that provide the foundation for this collaboration. SCR 3.130(1.6) confidentiality, (1.9) former client, (1.5) safekeeping property; ABA Criminal Justice Standards for the Defense Function Standards 4-1.2 (functions and duties of Defense Counsel), 4-1.3 (continued duty of defense counsel), 4-3.7 (Prompt and thorough actions to protect the client), 4-3.9 (duty to keep client informed and advised about the representation), 4-4.1 (duty to investigate and engage investigators), 4-4.4 (relationship with expert witnesses), 4-5.1 (advising the client), 4-5.2 (control and direction of the case).
• Explain how this collaboration functions in a post conviction proceeding.

So, the verdict we did not want has happened and we are standing before the same jury…. now what? KRS 532.055 provides that a sentencing phase will commence. Are we ready? Pursuant to Rule 1.1 and 1.3 we have a duty to our clients to fully represent them during the penalty phase of the trial and at final sentencing before a judge. Our advocacy is necessary to ensure that judges and juries know our clients are more than a convicted person and that a sentence is more than a number on a page. In this session participants will learn to seize these opportunities to argue for leniency. We will discuss how to creatively present evidence that will tell clients stories about the past and present while highlighting sentence implications on their futures.

The rocket docket presents a tricky ethical dilemma to criminal defense attorneys: Advise your client whether to accept a plea agreement in a case that you know very little about. This session will teach the audience how the rocket docket program is currently being implemented across the state and advises attorneys about best practices when handling cases that are being pushed through the system at a faster rate than normal. This session is an ethics session. The ethical rules that will be addressed are SCR 3.130(1.1), SCR 3.130(1.2), SCR 3.130(1.4), SCR 3.130(2.1), and NLADA Guidelines 4.1 and 6.3.

This session will present a multi-pronged approach for defenders - including practical steps and handouts -to advocate for our youngest clients [under 14]. The ethical considerations for working with younger clients, with “diminished capacity” will also be addressed. Strategies heavily relying on the DPA Investigator and ASW are inherent to the overall defense success for these elementary and middle school students. Ethical rules referenced include: RPC 1.14: Client with Diminished Capacity & FORMAL ETHICS OPINION KBA E-440 and RPC 1.2: Scope of Representation and Allocation of Authority between Client and Lawyer