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0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises
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An Ombudsman in active service has a Deputy who maintains a private law practice. The Deputy accepts representation of a private client in a civil action against a private corporation that supplied equipment to a government-funded project overseen by the Ombudsman’s office. The Deputy files pleadings and appears for the client in court during official hours, and collects fees for the private matter. He uses his official position to access public procurement documents and internal communications of the Ombudsman’s office to bolster the client’s case. The Ombudsman learns of the arrangement only after the civil action has progressed. (a) State the controlling doctrine under CPRA regarding private practice of law by Ombudsman and their Deputies. (b) Apply the doctrine to Deputy’s actions and determine whether Deputy’s conduct constitutes prohibited private practice, and identify potential consequences for Deputy and for the Ombudsman. (c) If a violation is found, outline the possible sanctions and remedies, and indicate defenses or exemptions, if any.

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Clara

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