TDCAA    TDCAA Community  Hop To Forum Categories  Criminal    Conflicted Out?
Go
New
Find
Notify
Tools
Reply
  
Conflicted Out? Login/Join 
Member
posted
My practice prior to being county attorney was primarily civil transactional work. I now have a potential defendant for whom I performed such services. Does this present a conflict?
 
Posts: 5 | Registered: October 14, 2008Reply With QuoteReport This Post
Administrator
Member
posted Hide Post
As a general rule, no, there is no conflict as long as:

(1) the criminal case does not involve the same legal matters you previously handled for that ex-client, and
(2) you don't use against that ex-client any confidential information you learned about the ex-client from that prior representation.

For more, see pp. 58-68 of our "Conflicts of Interest" book authored by Chip Wilkinson, which you should have received a few months ago.
 
Posts: 2429 | Location: TDCAA | Registered: March 08, 2002Reply With QuoteReport This Post
Member
posted Hide Post
Despite Shannon's admonition, the safe thing to do is have the Court appoint an Attorney Pro Tem to handle the case. Why waste time with a grieveance later from this former client when a simple procedure can save grief?
 
Posts: 2578 | Location: The Great State of Texas | Registered: December 26, 2001Reply With QuoteReport This Post
  Powered by Social Strata  
 

TDCAA    TDCAA Community  Hop To Forum Categories  Criminal    Conflicted Out?

© TDCAA, 2001. All Rights Reserved.