May a salaried county attorney also accept private civil clients who consult his office?

Plain-English summary

The inquiry concerned a salaried county attorney in a county of 20,000 to 100,000 population, furnished with a full-time assistant and stenographer, who wished to accept private civil employment from people who came to his office to discuss their rights.

The committee concluded (8-0) that if the county attorney was consulted in his official capacity, and not because of the prospective client's knowledge of his skill and ability as a private lawyer, he should not accept the civil employment. The committee further concluded that under no circumstances should a county attorney accept civil cases that would in any manner interfere with the full and efficient handling of his official duties, and that he should not turn his office to his private advantage.

The committee added that if the prospective client did not consult the county attorney in his official capacity, there is no prohibition against his accepting employment in a civil case.

Currency note

This opinion was issued in 1952, under the former Texas Canons of Ethics, which the Texas Disciplinary Rules of Professional Conduct replaced effective January 1, 1990. Subsequent rule amendments or later opinions may have changed the analysis; conflicts and the conduct of current government officers are now addressed by ABA Model Rules 1.7 and 1.11. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule, deadline, or requirement mentioned here.

Common questions

Q: Could a salaried county attorney take private civil cases at all?

A: Yes, but only from clients who sought him out for his private skill. The committee held (8-0) that he may not accept civil employment from a person who consulted him in his official capacity.

Q: What limits applied to the private civil work he could take?

A: The committee held that he may not accept any civil case that would interfere with the full and efficient handling of his official duties, and that he should not turn his office to private advantage.

Background and rules framework

The opinion interprets former Texas Canon 6 (adverse influences and conflicting interests), as applied to a public officer mixing official and private practice. The modern analogs are ABA Model Rule 1.7 (conflicts of interest) and Model Rule 1.11 (special conflicts for current and former government officers and employees).

Citations and references

Rules of Professional Conduct:

• MR 1.7 (conflicts of interest), as the modern analog
• MR 1.11 (current and former government officers), as the modern analog
• Texas Canon 6 (adverse influences and conflicting interests)

See also

• TX Ethics Op. 49: City Attorney Practicing Criminal Law Elsewhere
• TX Ethics Op. 65: Firm Member Before a Body the Partner Serves
• TX Ethics Op. 69: Court-Appointed Ad Litem Later Hired by Defendants

Source

• Landing page: https://www.legalethicstexas.com/resources/opinions/opinion-48/
• Original PDF: https://tcle-web.s3.amazonaws.com/public/documents/Opinion_48.pdf

Original opinion text

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

QUESTION PRESENTED

Should a county attorney, in a county with a population of 20,000 to 100,000 who is paid a salary of $4,000.00 or more a year and is furnished with a full-time assistant and stenographer, under the Canons of Ethics, engage in the private practice of the law, and in his private capacity in civil matters, accept employment from clients who come to his office to discuss their "rights."

18 Baylor L. Rev. 217 (1966)

CONFLICTS OF INTERESTS - EMPLOYMENT - COUNTY ATTORNEY IN PRIVATE PRACTICE
If a county attorney is consulted in his official capacity and not because of the prospective client's knowledge of his skill and ability as a lawyer, he may not accept employment in a civil matter. He may not accept civil cases which would interfere with the full and efficient handling of his official duties.

Canon 6.

The committee is of the opinion that if the county attorney is consulted in his official capacity and not because of the prospective client's knowledge of his skill and ability as a lawyer, he should not accept employment in the civil matter. They also expressed the opinion that under no circumstances should a county attorney accept civil cases which would, in any manner, interfere with the full and efficient handling of his official duties and that he should not prostitute his office or turn it to his private advantage. We are of the opinion that if the prospective client did not consult the county attorney in his official capacity there is no prohibition against his accepting employment in a civil case. (8-0)

Tex. Comm. On Professional Ethics, Op. 48 (1952)