Phoenix, AZ asked in Civil Rights and Constitutional Law for Arizona

Q: Does a former AAG (now public defender) create constitutional liability practicing concurrently opposite prior client?

Is it unlawful (and unethical) for a current AAG to switch sides (concurrently), while continuing to practice in same exact jurisdiction/court room - opposite former colleages & client - now defending clientele he would have formerly prosecuted? Does this not present multiple constitutional questions/challenges as AAG's prior representation of Plaintiff now significantly limits/prohibits certain actions by him; of which remains a due process right by the defendant? Creating a conflict of interest by which a certain outcome may be achieved; but ultimately compromises judicial integrity and violates public trust? An AG/AAG is the first line of defense and is to be about justice, not winning; in defense of victims and for the protection of society. To remain concurrently opposite - does it not give rise to questions of prior loyalties, arbitrary decision-making and the possibilities of fixed outcomes? Which would result in potential or actual violation of constitutional and civil rights?

1 Lawyer Answer
Gary Kollin
Gary Kollin
  • Criminal Law Lawyer
  • Fort Lauderdale, FL

A: You already asked this same question and received an answer.

If an attorney here says no, are you going to drop it?

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.