TDCAA    TDCAA Community  Hop To Forum Categories  Criminal    Ex-prosecutor talking too much
Go
New
Find
Notify
Tools
Reply
  
Ex-prosecutor talking too much Login/Join 
Member
posted
What, if anything, is the remedy when a former assistant prosecutor leaves, becomes a defense attorney, and uses knowledge regarding pending cases he/she prosecuted to assist lawyers defending those cases? This is apparently not done for fees directly but in the "spirit of cooperation" among the defense bar and, I suspect, in the hope of future referrals.

My first reaction is to file a grievance; do you think that is appropriate? Is the conduct a violation of the Rules of Professional Conduct?
 
Posts: 26 | Registered: January 19, 2001Reply With QuoteReport This Post
Member
posted Hide Post
Maybe some of the knowledge is "Brady material", but if not, there ought to be some remedy. The issue becomes (whether or not for compensation) the lawyer is serving "of counsel" contrary to art. 2.08 or "representing" the defendant contrary to Discip. Rule 1.10 (a), (c). The comment to that rule refers more directly to unfair "access" to confidential information obtainable only through the lawyer's past governmental service. If it is not a violation of that rule, the conduct you describe seems to come pretty close.
 
Posts: 2386 | Registered: February 07, 2001Reply With QuoteReport This Post
  Powered by Social Strata  
 

TDCAA    TDCAA Community  Hop To Forum Categories  Criminal    Ex-prosecutor talking too much

© TDCAA, 2001. All Rights Reserved.