Legal Question in Criminal Law in California

Lawyer conflict of interest

I have been accused of violating penal code 245(a)(1) by my boy friends son. I had asked my Divorce attorney who also deals in criminal law to defend my boy friends son back about two years ago. When I went to my lawyer to have him represent me he indicated that he would have to wait until he received the actaul report and then indicated that he may not be able to represent me due him previously defending the person who is now accusing me of a crime. My questions is that who he defended my boy friends son has only lived with us on and off and his father and I have never been married. He never defened my boy friends son on my behalf ever how could this be a conflict off interst? He said he was not positive but would get back to me, does he know alreay or does he not know. He's been my divorce attorny for 20 years I would think he would positiviely know by now. What is your thoughts?


Asked on 8/03/08, 12:29 pm

2 Answers from Attorneys
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: Lawyer conflict of interest

I think your divorce lawyer has a lot of both common sense and integrity to see the conflict and back away from representing you. It speaks well of him that he sees the problem. The situation reeks of a potential if not actual conflict of interest and I think it would be highly problematic if your lawyer took the case.

Get another lawyer. I would recommend someone who does criminal law exclusively.

Very best,

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

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Answered on 8/03/08, 4:06 pm
Gordon Fauth Fauth Law Offices

Re: Lawyer conflict of interest

The divorce attorney has represented both you and your boyfriend's son in your prior separate cases, and may have been privvy to confidential information about the son, etc. Remember, the son is (assuming I understand the situation) a potential witness in the present case, and any potential "inside knowledge" giving your attorney an advantage in investigating ways to discredit the son's testimony would at least give the appearance of impropriety. The attorney properly saw this former representation as creating a potential conflict and is rightly trying to figure it out.

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Answered on 8/03/08, 4:11 pm


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