Can a lawyer who serves on the city council defend clients arrested by that city's police?

Plain-English summary

A lawyer elected to a Florida city council was asked by clients to represent their children, who had been arrested by officers of the same city, on charges filed in county juvenile court. He asked whether, in light of Florida Opinion 60-22 (since withdrawn), he could represent clients in juvenile court, courts of record, or circuit courts when he had no control over the municipal court, its staff, or its police, and whether he could refer the matter to an associate if he were precluded.

On the referral point, the committee advised that what is forbidden to the lawyer is forbidden to his partners and associates. On the merits, it concluded that even assuming the lawyer had no control over the police, the import of Opinion 60-22 (and Opinion 70-11, since withdrawn) was to prohibit the proposed representation in juvenile court, and the same conclusion carried over to courts of record and circuit courts. The committee saw no ethical reason he could not appear to enter a plea of guilty in a court other than the municipal court, but said that while he served on the city council he should not contest the evidence of the police in any court.

Currency note

This opinion was issued in 1971, before The Florida Bar's adoption of the 2006 revisions to the Rules of Professional Conduct, and it relied on prior opinions (60-22 and 70-11) that have since been withdrawn. The conflict-of-interest principles it applied are now addressed by Rule 4-1.7. Treat this page as historical context, not current guidance.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 a lawyer who sits on the city council defend people arrested by that city's police?

A: Under this opinion, not where doing so would require contesting the city's police evidence. The committee prohibited the proposed representation in juvenile court, courts of record, and circuit courts.

Q: Can he do anything in such a case?

A: The opinion says he may appear to enter a plea of guilty in a court other than the municipal court, but while on the council should not contest police evidence in any court.

Q: Can he hand the case to an associate instead?

A: No. The opinion states that what is forbidden to the lawyer is forbidden to his partners and associates.

Background and rules framework

The opinion did not cite a Code provision; it reasoned from prior committee opinions (60-22 and 70-11, both since withdrawn) on lawyers holding public office adverse to their governmental connections. The conflict-of-interest principles are now addressed by Rule 4-1.7. The Model Rule analogue is Rule 1.7.

Citations and references

Other opinions cited:

• Florida Opinion 60-22 (since withdrawn): lawyer-officeholder representing clients against the municipality's interests.
• Florida Opinion 70-11 (since withdrawn): prosecutors acting as defense counsel.

See also

• FL Bar Ethics Op. 71-25: City Councilman as Counsel Against a City Officer
• FL Bar Ethics Op. 72-9: Municipal Prosecutor's Firm Conflict

Source

• Landing page: https://www.floridabar.org/etopinions/etopinion-71-12/
• Original PDF: https://www-media.floridabar.org/uploads/2017/04/FL-Bar-Ethics-Op-71-12-1.pdf

Original opinion text

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

FLORIDA BAR ETHICS OPINION
OPINION 71-12
May 18, 1971
Advisory ethics opinions are not binding.
A city council member may represent a private client in a court other than the municipal court of the municipality for which he is councilman. Neither he nor his associates may put themselves in the position of contesting the evidence of the city police.
Opinions: 60-22, 70-11
Chairman Massey stated the opinion of the committee:
A member of The Florida Bar has been elected to the city council of a Florida municipality. He was requested by clients to represent their children who were arrested by policemen of the same city in which he serves as councilman, charges being filed in the county juvenile court. The inquirer asks in view of Florida Opinion 60-22 [since withdrawn] whether if policemen from his city make the arrest he could then represent a client in juvenile courts, courts of record, or circuit courts when he has no control over the municipal court, its clerks, its bailiffs, or its police officers. Also, he asks if the matter could be referred to an associate of his office if he is precluded from handling the matter.
In answer to the latter portion, the inquirer is advised that what is forbidden to him is forbidden to his partners and associates.
Even assuming the inquirer has no control whatsoever over his police officers, the import of Florida Opinion 60-22, as well as Opinion 70-11 [since withdrawn], is to prohibit the proposed representation in juvenile court. The same conclusion would carry over to courts of record and circuit courts. The Committee can see no reason ethically why the inquirer might not properly appear to enter a plea of guilty in a court other than the municipal court, but certainly while he is on the city council he should not contest the evidence of the police in any court.