I was watching the local news on UPN Channel 50 Detroit (and, might I add, one of the worst newscasts I’ve ever seen. I mean, how hard is it to mis-spell “fare”?) Anyway, they were interviewing the Public Defender who had been assigned to those accused of the 1993 WTC bombing. This lawyer had a brother working in the WTC.
I know a juror would be dismissed if they had a family member involved in an incident. Does this not also apply to lawyers?
– Beruang
It’s not necessarily a per se conflict.
However, it’s probably not a good idea. In Virginia, for example, “…A lawyer shall not accept employment if the exercise of his professional judgment on behalf of his client may be affected by his own financial, business, property, or personal interests, except with the consent of his client after full and adequate disclosure under the circumstances.” (Rule DR5-101(a)).
If nothing else, the client should be told of the circumstances surrounding the brother and asked if he’s comfortable waiving any conflict.