Legal Question in Civil Litigation in Indiana

conflict with clerk lawfirm and judge cases being tried.

Is it unethical for a lawyer for a law firm to leave the law firm and go clerk for the federal judge then return to the law firm. This was immediatly after a major suit was won by denying the plaintiff(non-attorney) their day in court. The lawyers for the defense were the lawfirm the clerk had worked for. So during the case the former attorney went and clerked for the judge then immediatly after the defendse won at summary stage she returned to the lawfirm. Is there a conflict? With the lawyer? With the court? I would like too know if it is customary for an attorney that already has their license too then leave a law firm and then clerk for the judge? I thought it was cusdtomary for last year students which was not the case here.

Thank You

Asked on 1/19/07, 1:36 pm

2 Answers from Attorneys

Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

Re: conflict with clerk lawfirm and judge cases being tried.

You will need to provide many more facts in order to obtain an opinion regarding ethical practices.

Federal clerkships are very prestigious. Although, not the usual set of circumstances, it is not unheard of for a young attorney to leave a law firm for a clerkship.

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Answered on 1/19/07, 2:13 pm
C. David DuMond Law Offices of David DuMond

Re: conflict with clerk lawfirm and judge cases being tried.

Young lawyers often serve as clerks for federal judges. All the federal judicial law clerks I know are lawyers, some of them not so young. If I rightly perceive from your question that you were representing yourself in a federal court civil action . . . . Well, never mind. A person who represents himself in federal court, then loses, will be hard to convince that he had a fair hearing.

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Answered on 1/19/07, 10:05 pm

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