Jones v. United States of America

Filing 14

MEMORANDUM OPINION AND ORDER re: Attorney-Client Privilege Waiver, granting 12 Motion. Signed by US Magistrate Judge John E. Simko on 4/2/13. (Attachments: # 1 Attorney-Client Privilege Waiver) (SLW)

ATTORNEY-CLIENT PRIVILEGE WAIVER

You have made a motion under 28 U.S.C. § 2255 alleging that you received ineffective assistance
from your fonner lawyer, Ellery Grey. The Court has reviewed your motion and detennined that an
affidavit from your fonner lawyer concerning the specific allegations in your motion is necessary to
in order to evaluate your motion.
The American Bar Association advises your attorney to obtain your consent before disclosing
confidential communications between you and him that may bear on the disposition ofyour 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 fonner 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 fonn and return it to the Court. The fonn 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 ifyou sign this authorization, you run the risk that your attorney will contradict
your statements about his representation of you. However, you should also know that the Court will
strike the ineffective assistance ofcounsel claims in your motion ifyou do not authorize your attorney
to give an affidavit in response to the ineffective assistance claims.
You must return this fonn within fourteen (14) days from the date ofthe Court's order directing the
clerk to mail this Waiver to you or the allegations ofineffective assistance ofcounsel will be stricken
from your motion under 28 U.S.c. § 2255.
AUTHORIZATION
I have read the document entitled "Attorney-Client Privilege Waiver." I hereby authorize my fonner
attorney, Ellery Grey, to disclose confidential communications only to the extent necessary to address
the ineffective assistance of counsel claims that are raised by my motion under 28 U.S.C. § 2255.

Dated this _ _ day

_ _ _ _ _ _, 2013.

Movant Ronald Joseph Jones