Ezel / Ethics Opinions / SBAND

Could a state's attorney defend the county against a deputy sheriff's claim while also defending that deputy in related litigation?

Short answer The committee found a conflict in representing the county against the deputy's workers' compensation claim while defending the same deputy in a civil action from the incident. It recommended choosing one client and obtaining substitute counsel for the matter left behind.
Bar
SBAND
Issued
December 29, 1987
Source
View Original PDF

Apply this to your situation

This page answers the general question as of 1987. Ask about yours and see what the current North Dakota Rules of Professional Conduct say for your facts, with citations.

How much weight this carries: Under North Dakota Rule for Lawyer Discipline 1.2(B), a lawyer who acts in good faith and in reasonable reliance on a written opinion of the association's ethics committee is not subject to sanction for the conduct the opinion addresses. Source.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official ethics opinion. The original opinion (linked on this page as a PDF) is the authoritative source for any reliance.
View original ethics opinion (PDF)

Plain-English summary

The requesting state's attorney described a deputy sheriff's injury during an incident that also produced civil litigation over damage to a helicopter. The county opposed the deputy's workers' compensation claim, while the state's attorney also faced a statutory duty to defend the deputy and county in the related civil case.

The committee said the lawyer's ethical duties superseded certain statutory responsibilities on the facts presented. It found a conflict in defending the county against the deputy's claim and defending the deputy in the civil action. It recommended choosing one party and obtaining substitute counsel in the matter from which the lawyer withdrew. The letter identified assistance from the Attorney General's office or a special assistant state's attorney as county options.

Currency note

This opinion was issued in 1987, before North Dakota's 2006 revisions to its Rules of Professional Conduct. The later North Dakota Opinion 06-05 states: “On August 1, 2006, material changes to N.D.R. Prof. Conduct 1.10(a) will take effect.” Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule, deadline, or requirement.

Common questions

Q: Did the statutory defense role remove the conflict?

A: No. The committee said the lawyer's ethical duties superseded certain statutory responsibilities in the circumstances described.

Q: What did the committee recommend after finding the conflict?

A: It recommended choosing one representation and obtaining substitute counsel in the other matter.

Background and rules framework

The committee said Rule 1.7(a) of the Code of Professional Responsibility prohibited dual representation. Its conclusion concerned the county's adverse position to the deputy in the workers' compensation claim and the lawyer's proposed defense of that deputy in the related civil case.

Citations and references

Rules of Professional Conduct:

  • Rule 1.7(a) of the Code of Professional Responsibility, cited for the prohibition on dual representation.

See also

Source

Original opinion text

Full opinion text unavailable from the official source; see the linked source above for the complete text.

What do the rules say today, for your facts?

This opinion is from 1987. Ezel checks the current North Dakota Rules of Professional Conduct against your situation and cites the rules it relies on.

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