Conflict of interest?

UPDATED: Oct 1, 2022

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Conflict of interest?

The attorney that handled my case was also my co-defendant’s former attorney. Is
this considered conflict of interest? This attorney was assigned to me by the
state. I did not know it at the time because the attorney did not make me aware
of it. I’ve already been sentenced and the case is closed but I’m wondering if
this is considered a conflict of interest and if I have any legal rights.

Asked on December 22, 2017 under Criminal Law, Wisconsin


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If the attorney represented both you and your co-defendant in the same case, there would be a conflict of interest, and the attorney would have had to inform you of the conflict of interest and your right to consult with another attorney. Your attorney's failure to do that would have been grounds for an appeal of your conviction.
However, if your attorney represented your co-defendant in a previous matter unrelated to you or your current case, there would not be a conflict of interest.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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