Ethical Considerations for the Justice Department When It Switches Sides During Litigation
This Comment briefly discusses the history of Washington v. Seattle School District No. 1, and then demonstrates the difficulties in applying the present ABA Code of Professional Responsibility to certain ethical questions that can arise when the government changes its allegiance in the midst of litigation. The ethical propriety of the Department of Justice's actions is examined, and alternatives are proposed for situations in which the United States, represented in court by the Justice Department, switches sides in the same case.
Clifford Freed, Ethical Considerations for the Justice Department When It Switches Sides During Litigation, 7 SEATTLE U. L. REV. 405 (1984).