LEO: Public Defender - Representation Adverse  LE Op. 969


Public Defender - Representation Adverse to Former Client.


September 30, 1987


An attorney is employed as a part-time assistant public defender and also

has a private practice. The attorney has been requested to represent a

client in a custody action against her ex-husband. The ex-husband was

represented by the public defender's office on criminal charges of sexual

abuse against the children and the file was closed prior to the attorney's

employment. The prospective client served as a witness against her ex-

husband in the criminal proceeding. The attorney has, since his employment

at the public defender's office, heard general references to the ex-

husband's personality but has received no information from the file or

other sources concerning confidences and secrets obtained by the public

defender's office. It is not improper, given the above, for the part-time

assistant public defender to represent the client.


Committee Opinion September 30, 1987