AELE LAW LIBRARY OF CASE SUMMARIES:
Civil Liability of Law Enforcement Agencies
& Personnel
Conflicts of Interest -- Legal Representation
In a 2-to-1 decision, the majority held
that an attorney hired by a city to represent multiple defendants could
not bring a cross claim against the city and codefendants. "Clients
should not be put in a position where they must fret over whether the confidential
information they disclosed to their previous attorney will later be used
against them. Wasserman v. Black, 910 S.W.2d 564, 1995 Tex.App. Lexis 2290.
{N/R}
A union member was precluded from suing an
union-provided attorney for malpractice. The union selected and compensated
the attorney; there was no attorney-client relationship. "Although
the attorney may well have certain ethical obligations to the grievant,
his principal client is the union; it is the union that has retained him,
is paying for his services, and is frequently the party to the arbitration
proceedings." Peterson v. Kennedy, 771 F.2d 1244/at 1258 (9th Cir.
1994). {N/R}
Where a county sheriff is sued both his official
and individual capacities, the county attorney cannot represent him solely
in his official capacity. Separate representation for the official in his
two capacities is a "wise precaution." "Though separate
representation is permissible, an attorney may not undertake only the official
capacity representation at his or her sole convenience." Johnson v.
Bd. of Cmsnrs. of Fremont, 85 F.3d 489, 1996 U.S. App. Lexis 13256 (10th
Cir.). affirming 868 F.Supp. 1226 (D.Colo. 1994). {N/R}
Separate representation of a public official
or employee is required in the face of the potential conflict, Ricciuti
v. New York City Transit Auth., 796 F.Supp. 84 (S.D.N.Y. 1992). {N/R}
Where the govermental entity concedes that
an employee or official acted in furtherance of official policy, there
is no conflict in representing multiple police officer defendants, who
were sued for federal civil rights violations. The city did not have to
agree to a union demand to employ separate counsel. Galligan v. City of
Schenectady, 116 A.D.2d 798, 497 N.Y.S.2d 186, 1986 N.Y. App.Div. Lexis
51636. {N/R}
Safety director who appointed his brother
as police chief violated statute which prohibits involvement in a matter
where a relative has a financial interest. Other captains could sue and
need not complain to civil service board. Sciuto v. City of Lawrence, 452
N.E.2d 1148 (Mass. 1983).
There is no constitutional, statutory, or
ethical authority allowing a govvernment attorney to represent government
clients one day and to give them legal advice with regard to pending litigation,
then withdraw, and sue the same clients the next day on a purported cause
of action arising out of the identical controversy. People ex rel. The
Calif. Attorney General was removed as counsel for the represented party.
Deukmejian v. Brown 29 Cal.3d 150, 172 Cal.Rptr. 478, 624 P.2d 1206 (1981).
The decision was followed in Civil Serv. Cmsn. v. Superior County, 163
Cal.App.3d 70, 1984 Cal.App. Lexis 2881, 209 Cal.Rptr. 159, involving the
San Diego County Counsel. {N/R}