Can a city atty. take a case on someone who was arrested by a city officer, on a driving offense?

Question

A city attorney who had just been appointed his position, took my case on a dui offense, and a large retainer without even disclosing to me that he also was the atty, for the city i was arrested by.

Answer 1

That sounds like a conflict of interest to me and maybe you should look into changing lawyers (which would be pricey) I might ask him about that.

Answer 2

In some jurisdictions, a part time City Attorney can take represent criminal clients; even if you were arrested by city police, it's probably the state that is actually prosecuting you.  In other places it's a conflict of interest.  In those places that allow it, whether this sort of arrangement is allowed or not depends on the scope of the attorney's duties.  If the attorney is a criminal prosecutor or has the ability to directly or indirectly influence criminal prosecutions, there would be problems; if the attorney is the City Council's attorney or a generic corporation counsel and has nothing to do with the police department, the answer is not quite so clear cut.  But if you're bothered by his failure to disclose, it is okay to release the attorney and to ask for your retainer back.  

After seeing your additional info, it sounds like you're from a small town or this guy is the only attorney in the town.  If your attorney actually worked and represented you during a hearing, he's entitled to keep whatever money he earned; he probably charged it against your retainer.  You can report him to the state bar association or state disciplinary office.   They'll open an investigation.  

Answer 3

If it was me I'd be demanding return of my retainer.

** Note:  The above is a general discussion of the subject matter of your question and not legal advice.  Local laws or your particular situation may change the general rules. For a specific answer to your question you should consult legal counsel with whom you can discuss all the facts  of your case. **

Answer 4

It sounds unethical, but I can't tell from the information.