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Old 11-21-2011, 03:25 PM
 
Location: California
3 posts, read 1,915 times
Reputation: 13

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My question is can an attorney that knowingly represents you on both sides, as a prosecutor and then defense be sued for Conflict of Interest or Malpractice?
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Old 11-21-2011, 03:29 PM
 
Location: South Korea
5,242 posts, read 13,055,003 times
Reputation: 2957
I dunno, ask a lawyer!
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Old 11-21-2011, 04:38 PM
 
Location: California
3 posts, read 1,915 times
Reputation: 13
It happened...He asked; "Do you remember me?"... didn't at first, but I did after it was to late to remove him from my case and unfortunately prosecuted by my defending attorney...lol
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Old 11-21-2011, 05:01 PM
 
484 posts, read 820,566 times
Reputation: 494
The California rules of professional conduct generally require a signed, informed waiver of conflict of interest when an attorney's current representation of a party conflicts with his or her prior representation of a client. But there generally has to be something materially similar between the two representations, such as where an attorney learns something from the prior representation that he can use against his or her former client in the new representation.
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Old 11-22-2011, 06:35 PM
 
1,569 posts, read 2,040,596 times
Reputation: 621
Besides that, what incentive would a prosecutor have to not recuse himself from the case if there was even an inkling that there may be a conflict of interest?

Further, did you tell your defense attorney about this? The defense attorney could have raised the issue, why didn't he/she?
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Old 12-06-2011, 11:33 AM
 
Location: California
3 posts, read 1,915 times
Reputation: 13
He was my "Defense Attorney" in the case. He used to be a Prosecuting Attorney in the case 4 years prior. This is why he asked if I remember him. I didn't until later after I had been sentenced. I tried to contact a DA to speak with concerning the matter, but no one would respond while incarcerated over this matter. When I first went to court the baliff said we have great news...You will have a "Real Attorney" handeling your case and you don't have to worry about using a Public Defender. Well, That did sound good considering I had no time or way to contact an attorney, but this "Real Attorney" was previously a DA that was trying to have me do jail time and never came out and said it.
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