LEO: Law Partner - Former Commonwealth's  LE Op. 1012

 

Law Partner - Former Commonwealth's Attorney.

 

December 10, 1987

 

You advise that you have been retained by a woman to bring a civil action

against a man convicted of raping her. The criminal trial against the man

was prosecuted by a Commonwealth's attorney who is now your law partner.

 

You wish to know whether it is proper for your law partner to assist you

in representing a plaintiff in a civil action against a man who was

convicted of rape in a trial which was prosecuted by your law partner in

his former capacity as assistant Commonwealth's attorney.

 

 LE Op. 942 is dispositive of your inquiry. That opinion states in

pertinent part that: "It is proper for a former assistant Commonwealth's

attorney to represent a victim in a civil matter if the attorney had not

participated in the criminal prosecution of the opposing party."

 

Your partner did assist in the criminal prosecution of the opposing party

when he served as assistant Commonwealth's attorney. Therefore, the

Committee opines that it would be improper for your law partner to assist

you in representing a plaintiff in a civil action against a man convicted

of rape in a trial which was prosecuted by your partner in his former

capacity as assistant Commonwealth's attorney. (See also LE Op. 702)

 

Committee Opinion December 10, 1987

 

CROSS REFERENCES

 

See also LE Op. 1114, LE Op. 1243, and LE Op. 1250.