Disqualification of Prosecutor Because of Former Representation

Headnotes: 

In matters that are substantially related to an Assistant United States Attorney’s representation of clients prior to joining the government, the attorney should not participate in any investigation or prosecution that foreseeably involves individuals or entities who, although they arguably had not been the attorney’s “clients,” were contacted by the attorney in the course of his prior representation and indirectly paid the attorney's legal fees, unless the attorney’s participation is essential to the conduct of the Department’s law enforcement operation.

Under the Supremacy Clause of the Constitution, a state court or bar association may regulate the conduct of federal attorneys acting in the scope of their federal authority only to the extent that such regulation is not inconsistent with the exigencies of federal employment.

Updated July 9, 2014