1799
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| Determining whether a business relationship such as a landlord/tenant relationship between a Commonwealth Attorney and a private lawyer prevents the private lawyer from defending cases handled by the Commonwealth Attorney (and which cannot be cured with consent because the Commonwealth Attorney cannot obtain consent from the Commonwealth) is a fact intensive matter. Here, the following facts triggered the prohibition: the Commonwealth Attorney and the private lawyer co- owned a building; were each responsible for the mortgage; the building houses the defendant lawyer's practice; and the Commonwealth Attorney is the co owner of the "computers, office equipment and furniture of the defense attorney's law practice." |