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Deciding When to Assign Separate Counsel for Public Human Service Agency Co-Defendants
| Content Provider | Semantic Scholar |
|---|---|
| Author | Pollack, Daniel Getto, Cameron R. |
| Copyright Year | 2016 |
| Abstract | If a department employee is sued, is that person entitled to their own attorney, an attorney who is not representing another department employee in the same lawsuit? Government human services employees can be sued for job-related actions, omissions, and decisions in their official and/or individual capacities. In most cases the government’s attorney or outside counsel will provide legal representation. In complex, multiparty litigation against government departments of human services officials, conflicts of interest may occur despite the co-defendants generally having mutual litigation interests. In such circumstances, some defendants may need their own independent counsel. Under what circumstances should an individual employee-defendant request and be provided his or her own attorney? Given the unique nature of each lawsuit and the laws that apply, no one prescription applies to all situations. Like many legal ethics questions, the answer may begin with “it depends...” One thing is certain: Serious conflicts of interest can be avoided if the government agency clearly states in writing the scope of each attorney’s representation. There should be no ambiguity about whether an attorney represents the agency, an individual employee, more than one employee, or the agency and multiple employees. This clarification should occur before conducting interviews of any agency employees. |
| File Format | PDF HTM / HTML |
| Alternate Webpage(s) | https://repository.yu.edu/bitstream/handle/20.500.12202/4269/art%20ABA%20Deciding%20when%20to%20assign%20separate%20counsel%20to%20public%20service%20agency%20co-defendants.pdf?isAllowed=y&sequence=1 |
| Alternate Webpage(s) | https://www.americanbar.org/content/dam/aba/administrative/child_law/clp/vol35/dec16.authcheckdam.pdf |
| Language | English |
| Access Restriction | Open |
| Content Type | Text |
| Resource Type | Article |
