Defense counsel filed this interlocutory appeal based on the District Court’s denial of his motion to withdraw. Counsel was appointed pursuant to the Criminal Justice Act (CJA). He moved to withdraw because he joined a firm as “of counsel” and the primary attorney at that firm represented a cooperating witness in the same action. The 3rd Circuit reviewed the Model Rules of Professional Conduct 1.7 (conflicts of interest and current clients) and 1.10 (imputation of conflicts of interest). The Court remanded for more fact-finding, as the record was insufficient.
