is a attorney who represents the county an entity of the county?

by Isadore Shanahan 9 min read

Yes. Plenty of attorneys represent multiple cities and counties. But attorneys must be wary of potential conflicts that could arise between those clients. See this blog post for more details. How will the attorney’s representation of a local government affect her representation of private clients?

Full Answer

What does the county attorney’s office do?

(a) It is the primary duty of the county attorney in Ector County to represent the state, Ector County, and the officials of the county in all civil matters, other than asset forfeiture and bond forfeiture matters for which the district attorney is responsible, pending before the courts of Ector County and any other court in which the state, Ector County, or the county officials have …

How do I become a member of the county attorney’s Association?

of law.”8 Accordingly, if a board of county commissioners does not prohibit private practice, a county attorney or his or her deputies may engage in private practice, as well as represent the county. Two counties in Wyoming—Laramie and Natrona—have district attorneys, and the Wyoming statutes allow for the creation of more district attorneys in order to replace county …

What are the qualifications to be a county attorney?

Oct 09, 2014 · Yes. Plenty of attorneys represent multiple cities and counties. But attorneys must be wary of potential conflicts that could arise between those clients. See this blog post for more details. How will the attorney’s representation of a local …

How do I become a county attorney in Kentucky?

Mar 01, 2012 · The entity model is one of a number of theories of legal representation that have been considered by legal professionals. Others include the group model and the public interest model. See, Ivan Legler, Once Again: Choosing the Model that Determines Who Are the Municipal Attorney's Clients, NIMLO [IMLA] October, 1994 ("Legler").

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When an attorney represents an entity the attorney's client is?

An attorney who represents an entity generally has only one client, the entity itself. This is true when an attorney represents a private corporation, which acts through its directors, officers, and others.

What is the job of a district attorney?

A district attorney is a public official who is appointed or elected to represent the state in criminal judicial proceedings in a particular judicial district or county; an appointed or elected officer who prosecutes cases in a particular judicial district.

Who is the California district attorney?

— Los Angeles District Attorney George Gascón ran on a vow to shake up America's largest law enforcement jurisdiction. Sweeping progressive changes followed — and so has the California backlash.Jan 25, 2021

Are Das elected or appointed?

The District Attorney (DA) is a constitutionally elected county official. The District Attorney is responsible for the prosecution of criminal violations of state law and county ordinances occurring within a county under California Government Code Section 26500.

How powerful is a district attorney?

The DA has immense power in influencing an individual's decision to enter into a plea deal or to take their case to trial. More than 90 percent of all criminal cases end in a plea deal. The district attorney has the power to offer a sentence to the individual charged with a crime.

Are district attorneys elected?

In most U.S. state and local jurisdictions, prosecutors are elected to office. On the federal level, district attorneys are, in effect, members of the executive branch of the government; they are usually replaced when a new administration comes into office.

Who is the current Attorney General?

The current Attorney General is Mr. Godfred Yeboah Dame. He was appointed by President Nana Addo Danquah Akufo-Addo in 2021.

Who is the current district attorney of Los Angeles County?

George GascónGeorge Gascón is the Los Angeles County District Attorney in California. He assumed office on December 7, 2020. His current term ends on December 1, 2024....Footnotes.Political officesPreceded by Jackie LaceyLos Angeles District Attorney 2020 - PresentSucceeded by NA1 more row

Does California have an Attorney General?

Click for high-resolution photo. On April 23, 2021, Rob Bonta was sworn in as the 34th Attorney General of the State of California, the first person of Filipino descent and the second Asian-American to occupy the position.

Are district attorneys elected in California?

Article 11 § 1(b) of the California State Constitution provides that the Legislature must provide each county, currently 58 in all, with an elected district attorney. ... Elected district attorneys serve four-year terms and are eligible for reelection.

What is the difference between prosecutor and attorney?

The prosecutor is the government's attorney for criminal cases (She prosecutes cases). An attorney can defend someone in a criminal case as a private attorney or someone working for the government.

Are district attorneys elected in New York?

The New York County District Attorney, also known as the Manhattan District Attorney, is the elected district attorney for New York County (Manhattan), New York.

What is the third model of government?

A third model, often advocated, is the public interest model . This model is based on the belief that government lawyers should act "in furtherance of the governmental and public interest.".

What is the public interest model?

In the public interest model, according to Professor Sanders, either the government's or public's interests are the municipal lawyer's "client.". The obvious concern with this model is that the attorney must decide who the client is and what position to take.

What is entity model?

The entity model or theory of representation is now "almost universally" accepted. The Law of Lawyering, 17 11 (2004-2 Supplement). More importantly, it has been embodied in the state's Rules of Professional Conduct (RPC) that became effective September 1, 2006. RPC 1.13 states simply in its initial sentence that "a lawyer employed or retained by an organization represents the organization acting through its duly authorized constituents." The duty defined in RPC 1.13 applies to governmental organizations, as well. RPC 1.13, Comment 9. But the comment to the RPC candidly recognizes the dilemma for government lawyers:

What is RPC 1.13?

RPC 1.13 states simply in its initial sentence that "a lawyer employed or retained by an organization represents the organization acting through its duly authorized constituents.". The duty defined in RPC 1.13 applies to governmental organizations, as well. RPC 1.13, Comment 9.

How long does it take to file an administrative claim?

An administrative claim against a governmental entity or agency must be filed within six (6) months of the date of the accident and must include several key pieces of information. At a minimum, each claim should include the following: Name and address of the injured party.

Who is Michael Waks?

Michael Waks is an aggressive advocate for people who have suffered because of someone else’s actions. Michael decided to become a personal injury lawyer when, while clerking at a legal defense firm during law school, he witnessed and was infuriated by asbestos manufacturers spending millions to avoid taking responsibility for the egregious injuries they caused. Immediately after passing the bar, Michael opened his own firm in Long Beach, CA to help the victims of personal injury accidents get every benefit owed them under the law.

How long does it take to become a county attorney in Kentucky?

County attorneys are elected in their counties of residence every four years. To become a county attorney in Kentucky, a person must be at least 24 years of age , is required to be a citizen of Kentucky, must have been a resident of the state for two years, and must reside in the county for which he or she serves, one year prior to the election. ...

What is the job of a county attorney?

The most obvious responsibility is the prosecution of all violations of criminal law within the jurisdiction of the district court ; that includes all misdemeanors, such as DUI offenses, other traffic violations, assault, and theft of less than $300.

How long is a domestic violence order good for?

The order is good for 14 days, and a hearing must be scheduled during that time. If the court finds enough evidence of abuse, it may issue a domestic violence order or take other action to prevent future violence. The order is good for up to three years.

Can a parent sue for child support?

In civil court, the custodial parent can sue for child support owed. In criminal court, the delinquent parent also can be charged with either a misdemeanor or a felony. If the parent owes less than $1,000, he or she can be charged with nonsupport, a misdemeanor charge carrying up to a $500 fine and/or one year in jail.

What is juvenile court?

Juvenile cases are broken down into three categories: status, dependence, and criminal. These cases are heard in a separate division of district court, which is usually referred to as juvenile court.

What happens if you remove a child from your home?

If removal is permanent, it may mean the termination of parental rights. Criminal offenses are juvenile crime cases that are tried in district court and are prosecuted by the county attorney.

What is the difference between juvenile and adult court?

There are a few differences between juvenile and adult court. There is no trial by jury available in juvenile criminal court cases and the terminology is different. “Sentences” are called “dispositions,” and “trials” are called “adjudications” in juvenile court.

What is the statute of limitations for personal injury?

The statute of limitations is a legal term that describes the period of time in which you must file a lawsuit or bring an injury claim after your injuries.

How long do you have to file a lawsuit against a state?

Some jurisdictions require that you file a claim within 30 days of your injury. Other states require a claim within 60, 90, or 120 days after your injury. Many states have one time limit for claims against a city, town, county, ...

Who can be held responsible for a personal injury?

A city, town, county, or state government can be held responsible when it causes injuries, just as any normal person or business can be held liable. However, unlike normal personal injury lawsuits, there are rigid steps to follow and deadlines to meet for an injury claim against the government. Failure to follow these steps or meet ...

Is the government immune to injury claims?

The Government May Be Immune From Your Injury Claims. The government is immune from certain injury claims. While this immunity is less broad than in the past, the government is still immune from many injury claims. Again, this immunity (often referred to as "Sovereign Immunity") varies from state to state.

What is negligence in Pennsylvania?

In Pennsylvania, governmental employees and entities also enjoy certain immunities from liability.

How long do you have to wait to file a lawsuit?

This period is typically between 30 and 120 days. The court will dismiss a lawsuit that is filed before the Notice of Claim period expires.

Can you file a lawsuit against the government?

In most states, you cannot simply file a lawsuit in court against the government. Instead, you need to provide a "Notice of Claim" to the government. If you do not follow notice of claim guidelines, your lawsuit will be dismissed by the court.

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