Court Lays Out How to Effectively Screen Defense Lawyers-Turned-Prosecutors From Former Clients' New Cases
“Apart from determining that a mere proffer [that screening or Chinese Wall inside the prosecutor’s office existed] was insufficient and suggesting that affidavits about a screening procedure may be relevant evidence, we have never affirmatively identified the various factors a court should consider in determining whether a former defense attorney was ‘effectively screened’ from a related matter,” wrote the Virginia Court of Appeals in the case before it.