May a part-time Commonwealth's Attorney in a small county also serve as counsel for the county's Public Service Authority and Industrial Development Authority?

Short answer The committee concluded it is not ethically improper for the Commonwealth's Attorney of a county under 15,000 inhabitants to also serve as counsel for the county's Public Service Authority and Industrial Development Authority. Decided under Virginia's former Code.
Bar
VSB
Issued
January 20, 1981

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This page answers the general question as of 1981. Ask about yours and see what the current Virginia Rules of Professional Conduct say for your facts, with citations.

How much weight this carries: A legal ethics opinion that the Supreme Court of Virginia approves or modifies becomes a decision of the Court (Rules of the Supreme Court of Virginia, Part 6, § IV, ¶ 10). Other opinions express the Standing Committee's judgment and do not bind any court or agency. 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 committee considered whether an attorney serving as Commonwealth's Attorney of a county having a population of less than 15,000 could also serve as counsel for the county's Public Service Authority and the county's Industrial Development Authority. It concluded that doing so is not ethically improper, citing Va. Code § 15.1-8.1 (1950) and Canons 4 and 5 of the former Virginia Code of Professional Responsibility.

Currency note

This opinion was issued in 1981, under Virginia's former Code of Professional Responsibility, before the Virginia State Bar's adoption of the Rules of Professional Conduct effective January 1, 2000. Subsequent rule amendments or later opinions may have changed the analysis, and the cited statute may have been recodified. Treat this page as historical context, not current guidance.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 part-time Commonwealth's Attorney hold other county legal positions?

A: Under this 1981 opinion, yes, on the stated facts: serving the county's Public Service Authority and Industrial Development Authority was not ethically improper for the Commonwealth's Attorney of a county under 15,000 inhabitants.

Q: What authorities did the committee rely on?

A: It cited Va. Code § 15.1-8.1 (1950) and Canons 4 and 5 of the former Code of Professional Responsibility.

Background and rules framework

The opinion applied the former Code's Canon 4 (preserving confidences) and Canon 5 (exercising independent professional judgment) together with the cited statute governing the office to a part-time prosecutor's additional county roles. The conflict-of-interest analysis corresponds in current terms to ABA Model Rule 1.7 on concurrent conflicts of interest.

Citations and references

Rules of Professional Conduct:

  • Canon 4 (former Code)
  • Canon 5 (former Code)
  • ABA Model Rule 1.7 (conflicts of interest)

Statutes:

  • Va. Code § 15.1-8.1 (1950)

See also

Source

Original opinion text

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

LEGAL ETHICS OPINION 398

COMMONWEALTH’S ATTORNEY – PERMISSIBLE PRIVATE PRACTICE.

It is not ethically improper for an attorney, who serves as Commonwealth's Attorney of a county having a population of less than 15,000 inhabitants, to also serve as counsel for the county's Public Service Authority and the county's Industrial Development Authority. [See § 15.1-8.1, Va. Code (1950); Canon 4 and Canon 5 of the Virginia Code of Professional Responsibility.]

Committee Opinion
January 20, 1981

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