Treating prosecutors-turned-defense as turncoats

Article Abstract:

The US Justice Dept's indictment of two former staff members raises delicate ethical issues other than the effort to punish defectors from the prosecution to the defense, as some criminal defense specialists allege. The government has long recognized the need to give its own lawyers a way to move into private practice and use the special expertise they have developed, for without such a route the government would find its own recruitment of lawyers far harder. However, lawyers acquainted with secret practices and policies face special restrictions.

Ethical aspects, Public prosecutors, Defense (Criminal procedure), Drug traffic

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The face of adversity

Article Abstract:

Rules 1.7 and 1.9 of the Model Rules of Professional Conduct address the potential problems of representation against a present or a former client, respectively. The term 'adversity' is important in both, though in a broader sense when applied to present clients. Rule 1.7(a) bars suing a client even in an unrelated matter, and 1.7(b) prohibits representing two clients in one matter when their interests diverge. Specific questions of common potential conflict, such as in insurance matters, are discussed.

Analysis, Laws, regulations and rules, Legal ethics, Practice of law, Attorney and client

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