Q&A
Process for determining when recusal is necessary
0:37:54
·
85 sec
Council Member Powers inquires about the process for determining when recusal is necessary, particularly in cases involving present clients with different attorneys. Mastro explains his approach to recusal decisions.
- Mastro errs on the side of recusal or seeking guidance when conflicts arise
- He would likely consult the conflicts board for guidance on matters involving the same client but different issues
- Mastro offers to seek guidance from the conflicts board on any matter where past clients appear, if it would provide more comfort to the council
Keith Powers
0:37:54
And can you just discuss what's the process on how that determination will be made?
0:37:58
I mean, Clay does clearly outlined in their letter that you should not be you should be recusing yourself when you have business with your your former or past employer feels pretty open and shut on that one.
0:38:09
But in a case where there's a present client, maybe with a different attorney, what would be the process of seeking or determining, I should say, when you need to recuse yourself from a case?
Randy Mastro
0:38:22
This is the these are ethics issues that lawyers have to deal with all the time as to when they have a conflict or should recuse themselves.
0:38:29
I air on the side of recusal or seeking the guidance on whether I should recuse.
0:38:34
So if it's a matter unrelated to anything that was the subject of litigation that I was directly handling, but it's the same client on a different matter, I would in all likelihood, go back to the conflict's board and ask for guidance on whether I should recuse myself.
Keith Powers
0:38:54
Okay.
0:38:55
Yeah.
0:38:55
You said on all likelihood, what would be instances where you wouldn't do that?
Randy Mastro
0:38:59
Something could be so unrelated to any work we ever did together, or they could be part of a large coalition where they play a minor role or something like that.
0:39:08
But I would air on the side of seeking guidance from the conflict sport And if it isn't more of a comfort to this council, I would do that on any matter where they appeared.