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

During a pending criminal case against a private corporation for environmental violations, Atty. Mateo Cruz, a city prosecutor, is approached by the corporation's private counsel with an offer of a senior partnership in a private law firm to be effective immediately after his retirement, conditioned on his using his official influence to secure a favorable disposition for the corporation. Cruz does not disclose the offer and continues to prosecute. After the case ends, he resigns and joins the private firm, which later represents the corporation in a separate civil matter before the same court. (a) Identify the governing rule under Canon II, Secs. 28-29 that applies to government lawyers and prosecutors. (b) Did Cruz’s conduct violate Canon II, Secs. 28-29? Explain your analysis with reference to the elements of the rule. (c) What disciplinary or remedial measures may be imposed on Cruz and/or the government under CPRA for this conduct?

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Canon II, Secs. 28-29; Yes, but the remedy would be limited to a formal warning if no actual manipulation occurred. Canon II, Secs. 28-29; Yes. The elements are: (1) there was a private offer conditioned on influencing the case, (2) he continued to prosecute despite awareness of the offer, (3) he resigned and joined the firm after the case, and (4) the firm later handles the same client's civil matter; this constitutes improper private gain and conflict of interest; CPRA sanctions may include suspension, removal, and disqualification. Canon II, Secs. 28-29; Yes. The undisclosed private employment offer conditioned on influencing the ongoing case and the later private representation of the same party show conflict of interest and use of official position for private gain, thus violating the rule; CPRA may impose suspension or removal from government service and disqualification from future practice in public matters. Canon II, Secs. 28-29; No. A private offer to join a private firm does not automatically violate the rule unless the lawyer acts on it during the case.

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