Can a prosecuting attorney, practice family law at the same time?

I hope that title make sense, but in case it doesn't I'll explain what I mean.
I have friend, who's getting a divorce and she was pregnant (she just had the
baby a week or so ago). So, obviously she has a family lawyer. Anyway, she
told me not too long ago that her lawyer called her and told her "she wouldn't be able
to be lawyer anymore". Because, (my friends soon to be ex husband, is in jail) and this
lawyer of hers, will be the prosecutor assigned to the case. So, it would be
a conflict of interest to represent her and prosecute him.

I asked my friend "what a prosecutor was doing taking on a family
court case? Because, they don't usually do that"

She just told me today, that this lawyer has been a prosecutor for
10yrs and has been practicing family law for 3yrs. So, my question
is, have you ever heard of a prosecutor who prosecutes but also practices
family law and takes on those cases as well? Because, I would think
something like that wouldn't be allowed. More importantly, being a prosecutor
doesn't leave time for side projects, you have to focused on that.

So, have you ever heard of that? And, is this something that's possible or
is the lady just trying to dupe, my friend? Because, this "prosecutor" also told
my friend her custody case rests on her changing her last name back to her
maiden name and her giving the baby her maiden name. So, any thoughts?


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Have an opinion?

What Guys Said 1

  • I have a friend who was a prosecutor and he could not take on any other cases, it would be conflict of interest. Sounds like a violation of ethics.

    The baby should carry the fathers name. It is as if someone is being set up to be denined child support or prove that the marriage never existed.

    I would file a complaint with the State Bar and pull his papers. Every state has a judicial review board for attorneys and they cannot lie to you or lead you to do harm to your self.


What Girls Said 1

  • I'm a law student. That doesn't make sense. Are you sure she isn't a defense attorney for the state?

    • What does a defense attorney for the state do?

    • Show All
    • If it's a state family lawyer it's possible that the prosecutors office also has a family part and that would explain how she does both. But I don't think a prosecutor can also have a private practice.

    • Okay, thank you for answering my question. I really appreciate it : )

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