AboutPaul D. Friedman, M.A., Ph.D., J.D. Expertise I have been a practicing civil trial attorney since 1989 and have a master's degree in bioethics and a doctorate of philosophy in comparative ethics of law, medicine and business.
I am Certified as a Civil Trial Specialist by the National Board of Trial Advocacy and am Certified as a Specialist in Injury and Wrongful Death Litigation by the State Bar of Arizona Board of Legal Specialization.
Experience Experience in the area I have been a practicing trial attorney since 1989 and I have a masters degree in bioethics and a doctorate of philosophy regarding comparative ethics.
Organizations belong to State Bar of Arizona
State Bar of Colorado (inactive)
District of Columbia Bar (inactive)
Federal Bar
Licensed in Arizona District Court
Licensed in Ninth Circuit Court of Appeals
Licensed in the United States Supreme Court American Bar Association National Board of Trial Advocacy
American Association for Justice
Arizona Trial Lawyers Association
American Society for Bioethics and Humanities Kennedy Institute of Ethics National Association of Realtors
Education/Credentials Bachelor of Arts 1985
Juris Doctorate 1989
Master of Arts in Bioethics 2004 Doctorate of Philosphy 2006
Awards and Honors Phi Beta Kappa
Multiple Who's Who
Publications A list of my copyrighted publications and presentations is contained at WWW.EXPERTETHICS.COM
Question QUESTION: Is it unethical for a public defender (who also has a private practice) to petition the court to have a mental health evaluation performed (on the public defender's client in a criminal case) by a client she is representing in a custody matter? (Her client in the custody case is a clinical psychologist, but not the only one available)(The PD case is in one county, the custody case in a different county.) (This is in Pennsylvania)
ANSWER: Ann,
It is probably not unethical, however, it is legally not a good idea to do so. The psychologist can easily be cross-examined and the bias shown. There is also an appearance of impropriety which is discouraged by both the state bar and board of psychology.
Very truly yours,
Paul D. Friedman, M.A., Ph.D., J.D.
---------- FOLLOW-UP ----------
QUESTION: In regards to the above matter:
Does it make a difference that the psychologist is getting paid $1500 through the County (i.e. taxpayers), as requested by the Public Defender? (Her private client is benefiting financially through the use of the government agency that the lawyer is employed by.)
(Through my research, according to Rule 1.11 (d)(2)(i) Special Conflicts of Interests... It states that "a lawyer currently serving as a public officer or employee shall not: participate in a matter in which the lawyer participated personally and substantially while in private practice ...., unless the appropriate government agency gives its informed consent.")
This is used to "prevent a lawyer from exploiting public office for the advantage of another client."
Am I not interpreting this correctly?
I appreciate your answers! Thank you!
Answer Since I am not licensed to practice law in Pennsylvania, I cannot give you a legal interpretation of the Rule. It seems this is not applicable since the attorney is not paricipating in a "matter" since it is the psychologist's matter. The attorney is not exploiting the pscyhologist who is being paid and that does not constitute a breach. However, the client of the attorney in the criminal matter may be harmed by the bias shown regarding the psychologist.
It certainly may not pass the smell test, however, it seems ethical but imprudent.
