Is it legal for a defense attorney working as a prosecutor at the same time? 8 Answers as of January 13, 2013When I hired my lawyer, I expected better. He told me he could not go into my grand jury if I testified on my behalf also that there was no specialist to testify. He also said that I wasn’t entitled to an investigation. All that he told me is false. I found out when I hired a different lawyer. I find out and see that he works for the district attorney’s office as an ADA and special prosecutor. Shouldn’t I been told this by him when I hired him? I think this is a conflict here. Is this legal he did nothing for me. I think I should ask for a refund. What do you think? Thank you for your time.
Universal Law Group, Inc. | Francis John Cowhig
The scenario you describe is new to me. Although a Special Prosecutor can be and sometime is a Defense Attorney in private practice who handles a particular case on a one-time basis, a defense attorney working part-time for the D.A.'s Office as an Assistant District Attorney and part-time in his own practice as a criminal defense attorney is highly unusual and something I have never come across. If you are presently being represented by another attorney, I suggest that you speak to him/her about this.
Answer Applies to: California
Timothy J. Thill P.C. | Timothy J. Thill
You should go to the head of the District Attorney's Office and inform him of what you have been told. ?If the allegations are correct, by the second attorney, the DA and attorney's licensing authority in your state should take action against him. However, you may have mis-heard what the second lawyer said about the lawyer in question. He may have been a FORMER ADA or special prosecutor, and was fully capable of handling your case. Be careful before proceeding until you know for sure he is acting as an active ADA.
Answer Applies to: Illinois