Govt

Question 1

Leniency of GA turned New PA.

Answer 1

Private attys dq’d for same or similar matter.
Govt atty turned private are dq’d only from matters in which he PERSONALLY & SUBSTANTIALLY participated.
So … if didn’t p&s participate, New PA can represent EVEN IF SAME MATTER.

Question 2

What kind of matter is private atty conflicted from?

Answer 2

Same or similar.

Question 3

What kind of matter is New PA conflicted from?

Answer 3

PERSONALLY & SUBSTANTIALLY
———–
DQ’d to act in a matter “in connection w/ a matter” in which he was PERSONALLY & SUBSTANTIALLY involved UNLESS LG gives its consent.
———–
His firm can represent if appropriately screen him & give notice to LG.
———–
pursuant to 4.1(9)(b), he can’t USE or REVEAL any info from prior rep.
———–
~ All confirmed. Rule 4-1.11(a)(2).

Question 4

What’s the diff in matters b/w private atty vs. New PA?

Answer 4

PRIVATE - same or similar
GOVT - subst & personally participated.
———–
Private dq for same or substantially similar.
—-
New PA dq for same in which he subst & personally participated.

Question 5

What kind of matter can New GA represent that others can’t?

Answer 5

PERSONALLY & SUBSTANTIALLY.
———–
New GA cannot:
(1) Participate in a matter in which he was PERSONALLY & SUBSTANTIALLY in private practice, unless LG gives consent
or
(2) Negotiate for private employment w/ anyone involved as a party or atty in a matter in which he is participating PERSONALLY & SUBSTANTIALLY.
———–
~ Confirmed 4.1.11 (d)

Question 6

How does leniency in favor of GAs impact a ex-prosecutor?

Answer 6

Prosecutor who convicted criminal can later, as a New PA, rep criminal for violating parole for same charge.
Why? b/c they are not SAME.

Question 7

What are the limits on what a GA can say to the media PRE trial?

Answer 7

Nothing:
a) Reas person wd expect to be shared
b) if knows or shd know
c) wd have a subst likelihood
d) materially prejudicing
e) b/c has imminent & subst detrimental effect.