May a lawyer retained by a law enforcement officers' association also privately represent an individual officer-member in a proceeding involving the association's other members?

Plain-English summary

The inquiring attorney anticipated that recent legislation would substantially increase the number of disciplinary matters prosecuted against law enforcement officers. He asked whether a lawyer regularly retained by a law enforcement officers' association, such as a Police Benevolent Association or Fraternal Order of Police chapter, could also represent an individual officer-member by private arrangement in a proceeding in which another officer-member of the same association and chapter might be called to testify.

As the question was phrased, the representation of the individual officer had nothing to do with the police officers' organization, and the committee answered it in the affirmative. The committee recognized, however, that situations could arise that would create a conflict of interest, giving the example of a case in which the police officers' organization is the real complainant against an individual officer.

For that reason the committee concluded it could not give blanket approval to such representation and stated that each case would have to be decided on an individual basis, citing Ethical Consideration 5-18.

Currency note

This opinion was issued in 1974, before The Florida Bar's adoption of the 2006 revisions to the Rules of Professional Conduct. It applied the former Code of Professional Responsibility, which has since been replaced. Treat this page as historical context, not current guidance. Verify against current Rules 4-1.7 and 4-1.13 before relying on any specific requirement mentioned here.

Common questions

Q: Could a lawyer on retainer to a police officers' association also represent one of its member officers privately?

A: Under this opinion, yes in general. As the question was framed, the individual representation had nothing to do with the organization, and the committee answered in the affirmative.

Q: When did the committee say a conflict could arise?

A: The committee pointed to the situation where the police officers' organization itself is the real complainant against the individual officer being represented.

Q: Did the committee set a fixed rule for these dual engagements?

A: No. The committee declined to give blanket approval and stated that each case would have to be decided on an individual basis under EC 5-18.

Background and rules framework

The opinion rested on Ethical Consideration 5-18 of the former Code of Professional Responsibility, which addressed the lawyer's duty of loyalty when an organization or association is the client and the lawyer's obligations to the entity as distinct from its individual constituents. That subject corresponds in current practice to Rule 4-1.7 (conflicts of interest, current clients) and Rule 4-1.13 (organization as client), and to Model Rules 1.7 and 1.13.

Citations and references

Rules of Professional Conduct (as cited, former Code):

• CPR EC 5-18 (organization as client; loyalty)

See also

No sibling opinions yet indexed.

Source

• Landing page: https://www.floridabar.org/etopinions/etopinion-74-34/
• Original PDF: https://www-media.floridabar.org/uploads/2017/04/FL-Bar-Ethics-Op-74-34-1.pdf

Original opinion text

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

FLORIDA BAR ETHICS OPINION
OPINION 74-34
December 26, 1974
Advisory ethics opinions are not binding.
An attorney may represent a law enforcement officer while retained as attorney for a law enforcement officers' association of which that officer is a member, but such representation may raise potential conflicts which must be answered on a case-by-case basis.
CPR: EC 5-18
Vice Chairman Sullivan stated the opinion of the committee:
Anticipating that recent legislation will result in a substantial increase in the number of disciplinary matters prosecuted against law enforcement officers, the inquiring attorney asks:
May a member of The Florida Bar who is regularly retained by a law enforcement officer's association, such as the Police Benevolent Association or the Fraternal Order of Police (city, county or state chapters), represent a police officer/association member, by private arrangement, in any proceeding in which an officer/member of the same association and chapter may or will be called to testify?
As the question is phrased, representation of the individual officer has nothing to do with the police officers' organization, and the Committee answers it in the affirmative. The Committee recognizes, however, that situations could arise which would create a conflict of interest, where the police officers' organization is the real complainant against an individual officer, for example.
For that reason, the Committee cannot give blanket approval to such representation and believes that each case will have to be decided on an individual basis. Ethical Consideration 5-18.