Michael Seibel v. USA

Filing 12

MEMORANDUM OPINION AND ORDER RE: ATTORNEY-CLIENT PRIVILEGE WAIVER AND OERDER FOR EXTENSION granting 10 Motion for extension. Signed by U.S. District Judge Charles B. Kornmann on 12/01/2014. (Attachments: # 1 Attorney-Client Privilege Waiver) (SAT) (Attachment 1 replaced on 12/2/2014) (SAT).

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH DAKOTA
NORTHERN DIVISION

MICHAEL SEIBEL,

CIV 14-1022-CBK

Petitioner,
vs.
UNITED STATES OF AMERICA,

Respondent.

ATTORNEY-CLJENT PRIVILEGE WAIVER

You have made a motion under 28 U.S.C. § 2255 alleging that you received ineffective
assistance from your former lawyer, Pat Carlson. The Court has reviewed your motion and
determined that an affidavit from your former lawyer concerning the specific allegations in your
motion is necessary in order to evaluate your motion.
The American Bar Association advises your attorney to obtain your consent before
disclosing confidential communications between you and your attorney that may bear on the
disposition of your motion. This is a professional ethics requirement. As a matter of law, you
have waived the attorney-client privilege regarding the allegations of ineffective assistance of
counsel in your motion. This means that if you wish to proceed on your claims of ineffective
assistance, you must allow your communications with your former counsel concerning the
specific claims to be disclosed to the government and to the Court.
If you wish to proceed with your claims of ineffective assistance of counsel as set forth in

your Section 2255 motion, you must sign this form and return it to the Court. The form

authorizes your attorney to disclose confidential communications only to the extent necessary to
address the ineffective assistance of counsel claims that are raised by your 28 U.S.C. § 2255
motion.
You should know that if you sign this authorization, you run the risk that your attorney
will contradict your statements about her representation of you. However, you should also know
that the Court will strike the ineffective assistance of counsel claims in your motion if you do not
authorize your attorney to give an affidavit in response to the ineffective assistance claims.
You must return this form within twenty (20) days from the date of your receipt of the
Court's order directing the clerk to mail this Waiver to you or the allegations of ineffective
assistance of counsel will be stricken from your motion under 28 U.S.C. § 2255.
Dated this /

~ay of December, 2014.
BY THE COURT:

~A~~
~ORNMANN
U.S. District Judge

AUTHORIZATION

I have read the document entitled "Attorney-Client Privilege Waiver." I hereby authorize
my former attorney, Pat Carlson, to disclose confidential communications only to the extent
necessary to address the ineffective assistance of counsel claims that are raised by my motion
. '·,I ..

under 28 U.S.C. § 2255 and my memorandum in support of my motion.
Dated this _ _ day of _ _ _ _ _ _, 2014.

Petitioner Michael Seibel