Reading Room Document

Representation by Former Assistant U.S. Attorney of Defendants in Case Brought by United States on Behalf of Indian Tribe

This document discusses a conflict of interest case involving a former Assistant U.S. Attorney (A) who wants to represent defendants in a case brought by the United States on behalf of an Indian tribe. The conclusion reached is that A's involvement in the case, even if not substantial, still constitutes "substantial participation" under the conflict-of-interest statute. The document presents questions regarding A's involvement in the case, the application of the criminal conflict-of-interest laws, and the American Bar Association (ABA) Code of Professional Responsibility. It also raises questions about A's disqualification under Canon 4 of the ABA Code of Professional Responsibility and the possibility of a client waiving the confidentiality requirement. The document suggests that further factual details are needed to make a final judgment on A's proposed representation.

July 19, 1978