Article Archives >> Lead Stories >> December 2003
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When Are Agency Lawyers Disabled by Conflict?
When County Attorney switches to Executive
Director of defense agency, the agency can't handle her cases
Does a nonprofit legal services corporation have a conflict of interest which prohibits it from serving children who are fighting removal from their homes when the Executive Director of the agency helped prepare the County's petition for removal while serving as an assistant County Attorney ? And if so, for how long?
The Supreme Court of Iowa has ruled that the agency is conflicted out of any case in which its Executive Director had "substantial responsibility" while working for the County, but that the disability may cease after she leaves the agency.
The Court has remanded the case so that the agency will have a chance to rebut the presumption that its lawyers still possess confidential information. ( Sorci v. Iowa District Court for Polk County , No. 127/03-0936, 11/13/03.)
Article Archives >> Lead Stories >> December 2003
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