LEO: Part-Time Assistant Commonwealth's  LE Op. 696

 

Part-Time Assistant Commonwealth's Attorney - Civil Practice.

 

May 10, 1985

 

1. It is improper for a part-time assistant commonwealth's attorney to

continue representation of a party in a previously pending civil matter

after a criminal charge is brought against either party to the civil

proceeding although the part-time assistant commonwealth's attorney avoids

involvement in said criminal prosecution. It is also improper for the

spouse/law partner of said part-time assistant commonwealth's attorney to

assume said civil representation.

 

2. It is not improper for a part-time assistant commonwealth's attorney

or her spouse/law partner to represent a civil client upon a show cause

summons for an alleged failure to comply with a civil order so long as

there is the absence of any effort to, or implication that, the attorney's

public office will or may influence the court's disposition of the

proceedings and provided that, with respect to the parties and the

witnesses, there are no pending criminal charges, there are no

investigations known to the part-time assistant commonwealth's attorney

and there was no involvement in criminal matters relating to said parties

or witnesses in which the part-time assistant commonwealth's attorney had

substantial responsibility.

 

3. It is not improper for a part-time assistant commonwealth's attorney

to continue representation of a civil client during the trial of the civil

matter, even if a witness is called against whom criminal charges are

pending or if the witness is the subject of a pending criminal

investigation.

 

The committee notes that a part-time assistant commonwealth's attorney

who is withdrawing from a civil representation must adhere to the

provisions of Disciplinary Rule 2-108(D). [ DR:2-108(D), LE Op. 600,

LE Op. 685]

 

Committee Opinion May 10, 1985

 

CROSS REFERENCES

 

See also LE Op. 1020.