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All Jurisprudence based

0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises

During a criminal case pending before a trial court, a government prosecutor from the City Prosecutor’s Office discovers that the lead attorney of the private firm representing the accused was his former associate at the same Office about two years earlier. The prosecutor did not disclose this relationship to the court or to his office, and the case remains ongoing. (a) Identify the primary ethical issue under CPRA raised by these facts. (b) Is the government lawyer disqualified from continuing to prosecute the case? Explain the controlling rule and apply it to the facts. (c) What corrective actions should be taken by the government office and the private firm to address the ethical breach and prevent recurrence?

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The proper remedy is to dismiss the case for violation of CPRA's rules on impropriety and appearance of impropriety; the court should terminate the prosecution and appoint a new one. Disqualification is only proper when there is a direct financial or familial interest; a past association as a former associate is insufficient to require disqualification; the court should rely on disclosure and continue. The government office should file an administrative complaint against the prosecutor and require him to divest from any contact with the defense firm; the case may continue with a different prosecutor. The primary ethical issue is conflict of interest arising from a former professional relationship between the government prosecutor and the defense counsel; the government lawyer is disqualified from continuing to prosecute the case, and the case should be reassigned to another prosecutor; the defense firm should replace its lead counsel; and the matter should be disclosed to the court and the office with corrective measures.

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