I want to hire a part time assistant to handle mostly CPS court. The person I have in mind wants to keep her private practice and wishes to keep getting CPS appointments in a neighboring county. (where she gets exclusive appointments as attorney ad litem for the child appointments) Conflict? Thoughts?
The overarching concerns in the conflicts context (outside of actively representing opposing parties within a case) tend to be the implications of DRPC 1.05 and the potential for someone's confidential information to be turned against them in current or subsequent litigation. That may not present itself significantly in your case, as the ad litem may not pick up confidential information from the respondent(s), but the possibility can't be dismissed out of hand given the propensity of CPS cases to cross-pollinate across county lines.
The pragmatic question that would immediately come to mind is the tenor of the potential hire's ad litem litigation work. More particularly, is she typically at least cordial with CPS, or might there be any festering hostility? If that relationship is sour, it can take a long time for it to sweeten. In a similar vein, is there a possibility that her ad litem work might create a modicum of bias, distrust or antipathy with regard to CPS? If not, great. But it's something to think about.
Those are the issues as I see it. I was just wondering if anyone saw a solution. I doubt there would be any problem personality wise. I think I might see if CPS will waive general conflict and deal with actual conflicts that may arise accordingly.
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