This wouldn't be a conflict in Florida. What, specifically, makes you feel as though it constitutes a conflict of interest?
The above advice is intended to be educational only. Any legal issue(s) should be brought to the attention of a licensed and qualified attorney in your state of residence. No attorney-client relationship exists or should be construed to exist by virtue of this post.
If the question is a lawyer represents his client in a criminal case having previously represented a defendant who was prosecuted by the state one year earlier that involved his client's sister as a state's witness, is that a conflict of interest in his current representation?
I do not think that is a conflict of interest, in my opinion.
I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..
I don't see the connection between you as victim and you as current defendant's brother.
Have him hire a lawyer to analyze his case and get a close opinion.
Curt Harrington Patent & Tax Law Attorney Certified Tax Specialist by the California Board of Legal Specialization PATENTAX.COM This communication is general information and not legal advice, and does not create an attorney-client relationship. This communication should not be relied upon as any type of legal advice. Please note that no attorney-client relationship exists between the sender and the recipient of this message in the absence of either (1) a signed fee contract and (2) remission of an agreed-upon retainer. Absent such an agreement and retainer, I am not engaged by you as an attorney, nor is any other member of my law firm.
I see no conflict in the situation as you state it.
If your brother is unhappy with his attorney, he can seek new counsel.
The foregoing is for general information purposes and does not establish an attorney-client relationship.
Any statements I make in these forums (fora?) should not be taken as direct legal advice, merely informed guidance. This is true due to the anonymous nature of this venue, and the incomplete information which is invariably provided by the questions. It is imperative that you consult directly with an attorney regarding your specific situation before acting on or relying on anything represented here. Period.