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Former defense counsel becoming prosecutor conflicted out prosecutor's office

By John Wesley Hall, Jr.

Former defense lawyer coming to the prosecutor's officer resulted in disqualification of the entire office because of a conflict with the accused. State v. McClellan, --- P.3d ----, 2008 WL 466574, 2008 UT App 48 (Feb 22, 2008): ¶ 20 When a private lawyer is disqualified because of a conflict of interest, that disqualification will be imputed to the lawyer's entire firm unless the firm can establish that it has screened the lawyer from working on the matter and provided the former client written notice of the conflict. See id. R. 1.10(c) (governing imputed disqualification of law firms); see also Margulies v. Upchurch, 696 P.2d 1195, 1200, 1204-05 (Utah 1985) (disqualifying law firm because representation would make it adverse to some of the limited partners of a company represented by the law firm in another action); SLC Ltd...continue to full post

Full post as published by Law Of Criminal Defense on February 25, 2008 (boomark / email).