The ISBA Ethics and Practice Guidelines Committee
released its latest ethics opinion July 15 regarding the implied waiver of
self-defense. The eight-page opinion (15-03) provides an introduction to the issue, a
review of the implied self-defense waiver, the declination of the ABA’s formal
opinion regarding the subject, an explanation of the client as a pro-se
litigant, an explanation of the self-defense waiver in relation to claims by
third parties, and the committee’s official opinion.
The opinion is specifically titled, "A lawyer invoking
the implied waiver of self-defense must first ensure the client has made a
knowing waiver of the attorney-client privilege or rule of confidentiality and
then limit the disclosure to only that information which reasonably responds to
the adverse allegation.” The opinion can be found on the ISBA website by
navigating to the Ethics and Practice Guidelines Committee page under the "Member Groups” tab, then "Committees.” Click here
for a direct link.