This session will discuss the applicable law, strategy, and ethical concerns surrounding defense of tenants being evicted for alleged criminal activity and drug-related lease violations. We will discuss: (1) Negotiation and trial strategy, including evidentiary issues to be aware of, (2) Rights available to and limitations for tenants facing these allegations in HUD-subsidized properties, including specific case law, (3) Practical concerns of aiding individuals in recovery with criminal activity or drug-related allegations in Tennessee, (4) How to handle ethical concerns related to MPC Rule 1.6, confidentiality, when Tennessee mandates reporting to DCS or APS, and (5) Considerations related to MPC Rule 1.16, when a lawyer's representation of a client is in furtherance of a crime.
