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Opinion 539

Question Presented

In what circumstances may a lawyer represent defendants in criminal cases in the county in which the lawyer's spouse is an assistant district attorney?

Spouse A and Spouse B are married to each other. Spouse B is a solo practitioner practicing criminal law in several counties and practiced criminal law in Alpha County before Spouse A and Spouse B married. Spouse A is employed as an assistant district attorney in Alpha County. Spouse B desires to practice criminal law in Alpha County in cases in which Spouse A and B do not appear against each other and in which Spouse A is not directly involved.

Bluebook Citation

Tex. Comm. On Professional Ethics, Op. 539 (2002)