If an assistant city attorney's law partner is appointed to the state road board, what matters must the city attorney and his firm avoid?

Plain-English summary

A member served as an assistant city attorney, and his law partner had recently been appointed to the State Road Board. He asked whether he could continue serving the city in that capacity, and whether his firm could represent clients, including road contractors, who might deal with the State of Florida or its agencies.

The committee said the questions were broad and that the lawyer would ultimately have to use his own judgment about representations that might create a conflict or lead to public misunderstanding. Subject to that, it concluded he could properly continue as an assistant city attorney, but he should not personally deal with the State Road Board or State Road Department on any legal matter involving its agencies and the city. He could represent clients in matters concerning the State of Florida and its agencies, except the State Road Board, the State Road Department, or any agency having jurisdiction over or interest in matters subject to the road board's consideration; and he should not represent highway contractors in matters subject to the surveillance of the road board or department. The committee added that he should take great care to avoid any relationship or circumstance suggesting that the official influence of the law practice was being used for the benefit of a client of the firm.

Currency note

This opinion was issued in 1965, before The Florida Bar's adoption of the 2006 revisions to the Rules of Professional Conduct. The opinion applied former Canon 6 of the Canons of Professional Ethics; conflicts of interest are now governed by Rule 4-1.7 and the conduct of current and former government lawyers by Rule 4-1.11 of the Rules Regulating The Florida Bar (Model Rules 1.7 and 1.11). Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against the current rules before relying on any specific requirement mentioned here.

Common questions

Q: Can the lawyer keep serving as an assistant city attorney?

A: Yes. The committee concluded he could properly continue as an assistant city attorney, subject to avoiding the road-board matters described.

Q: What matters must he and his firm avoid?

A: He should not personally deal with the State Road Board or Road Department for the city, and should not represent private clients, including highway contractors, in matters within the road board's or department's purview.

Q: Can the firm represent clients on other state matters?

A: Yes, in matters concerning the State of Florida and its agencies, except the State Road Board, the State Road Department, or any agency with jurisdiction over matters subject to the road board's consideration.

Background and rules framework

The opinion applied former Canon 6 of the Canons of Professional Ethics, concerning conflicting interests. Conflicts of interest are now governed by Rule 4-1.7, and the special conflict rules for government lawyers by Rule 4-1.11, of the Rules Regulating The Florida Bar (Model Rules 1.7 and 1.11). The committee's concern centered on the partner's road-board position and the appearance that official influence might benefit the firm's clients.

Citations and references

Rules of Professional Conduct:

• Canon 6 [Canons of Professional Ethics; conflicting interests; see current Rule 4-1.7]

See also

• FL Bar Ethics Op. 65-17: A County Prosecutor in Civil Suits Against the County
• FL Bar Ethics Op. 65-72: Dual Public Roles in a Bond Validation

Source

• Landing page: https://www.floridabar.org/etopinions/etopinion-65-2/
• Original PDF: https://www-media.floridabar.org/uploads/2017/04/FL-Bar-Ethics-Op-65-2.pdf

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

FLORIDA BAR ETHICS OPINION
OPINION 65-2
January 20, 1965
Advisory ethics opinions are not binding.
An assistant city attorney whose law partner is a member of the state road board should not deal with the road board or road department on behalf of the city and should not represent private clients in matters involving the road board or road department.
Canon: 6
Chairman Smith stated the opinion of the committee:
A member of The Florida Bar states that he presently serves as an assistant city attorney for a city and that his law partner has recently been appointed a member of the State Road Board. He asks our opinion regarding the propriety of (1) his continuing to serve the city in his present capacity and (2) his firm representing any clients, including road contractors, who might have dealings with the State of Florida or its agencies.
The questions presented are rather broad in scope, and it is difficult to formulate a response covering every conceivable situation. In the last analysis, he will have to use his own judgment as to the propriety of accepting representation which may create a conflict of interest or lead to public misunderstanding.
Subject to the foregoing comment, it is the opinion of the Committee that he may properly continue to serve the city as an assistant city attorney. He should not personally deal, however, with the State Road Board or the State Road Department in connection with any legal matter involving its agencies and the city.
The Committee is also of the opinion that he may represent clients in connection with matters concerning the State of Florida, and agencies thereof, with the exception of the State Road Board, the State Road Department or any agency which might have jurisdiction of, or interest in, matters subject to the consideration of the State Road Board. He should not represent any highway contractors in connection with matters subject to surveillance of the State Road Board or State Road Department. Finally, he should take great care to avoid any relationship or circumstances which would suggest that the official influence of the law practice is being used for the benefit of a client of the firm.