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Ethics

: Legal Ethics Forum

Dina Mishra on conflicts of interest for municipal lawyers in §1983 cases

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How can the muni lawyer represent the municipality and the official who allegedly violated the plaintiff's rights?  Article here.  Abstract:  

In many cases, municipal attorneys defend both a municipality and a municipal official against § 1983 claims. Some defenses available to the two types of defendants are incompatible and may give rise to conflicts of interest. This Note analyzes the problems associated with these conflicts of interest. The Note categorizes and describes the strengths and shortcomings of existing approaches to addressing these conflicts. Finally, it proposes a hybrid approach that may better address conflicts of interest in municipal dual representation.



Full post as published by Legal Ethics Forum on September 03, 2009 (boomark / email).

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