Defenant has filed motion to disqualify me because of a prior representation in separate criminal seven years ago. Defendant is under indictment for assault f/v choking, unlawful restraint (f3), and failure to stop and render aid with the same victim in all three cases (his wife). I represented defendant seven years ago in a class A assault f/v which was dismissed. The victim of that prior assault is the same victim in the current felony charges.

Does the fact that it is the same victim and similar type of crime create a substantial relationship between the current felony charges I am prosecuting and the prior criminal charges that I represented defendant?

Any advice, suggestions, or thoughts are greatly appreciated.

I never go against someone who I represented as a criminal defense attorney (even 15 or 20 years ago) and even though the criminal case has nothing to do with what I am doing now. I think the ethical rules make it safer to just step aside.

Agree with Versel. Just get someone else to handle the case. I think you are absolutely prohibited from prosecuting a former client, no matter what the prior representation consisted of.

Agreed. To continue would invite unneeded problems.

Thank you gentlemen for your responses.

quote:

Originally posted by GG:
I think you are absolutely prohibited from prosecuting a former client, no matter what the prior representation consisted of.

That is not actually true; see Chip Wilkinson's "Conflicts of Interest" book for all the ins and outs of these situations. However, the path of least resistance (and appeals and greivances, etc.) is usually to recuse and let someone else handle it.

quote:

Originally posted by C. Martin:
Thank you gentlemen for your responses.

I'll take the thank you, too, if you don't mind--though not a gentleman in any sense of the word.

When I hit the post button yesterday I immediately thought all the respondents may not be gentlemen. Sorry about that Versel. But I do truly appreciate your response.

Shannon I had researched & read the pertinent sections of the book your referenced. I knew not absolute bar but no need to invite unnessary issues.