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Professional Responsibility Keyed to Gillers
Fiandaca v. Cunningham
Citation:
827 F.2d 825 (1987)Facts
Female inmates at the New Hampshire State Prison filed a class action lawsuit against state officials seeking improved facilities and conditions. During settlement negotiations, the state offered to house the female inmates at the Laconia State School (LSS), a facility for the mentally disabled. However, New Hampshire Legal Assistance (NHLA), which represented the female inmates, also represented mentally disabled residents of LSS in a separate class action lawsuit. The LSS residents sought to close the institution and develop community-based facilities. NHLA rejected the settlement offer without disclosing to the female inmates or the court the potential conflict of interest arising from their dual representation. The state moved to disqualify NHLA from representing the female inmates due to this conflict.
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