Can the partners of a lawyer who sits on a city police and fire commission represent criminal and traffic defendants in that city?

Plain-English summary

Informal Opinion 2/70 considered whether attorneys could represent defendants in criminal and traffic cases when their partner serves as a member of the municipal police and fire commission. The request indicated that the commissioner himself would give up representing private parties in criminal or traffic cases where the city was the plaintiff or where municipal police officers were involved in the investigation or prosecution.

The committee reasoned that none of the partners or associates may engage in conduct or representation the other partner must desist from, so no partner or associate may represent criminal or traffic defendants in cases where the attorney-partner on the police and fire commission would have to abstain. Where charges are filed against a member of the police or fire department and the commission member's partner is asked to represent the officer, the committee stated that either the commission member must resign or abstain from participating, or the firm would have to seek other counsel for the officer.

The committee noted that an able attorney has an obligation to render public service when requested, and that it is perfectly proper to accept appointment to such a commission, but he must be cautious to avoid conflicts of interest.

Currency note

This opinion was issued in 1970, before Wisconsin's July 1, 2007 adoption of the revised Rules of Professional Conduct for Attorneys (the state's Ethics 2000 update), and it applies the former Code's conflict and imputation principles. The current counterparts are SCR 20:1.7 / Model Rule 1.7 (conflicts of interest), SCR 20:1.10 / Model Rule 1.10 (imputation within a firm), and SCR 20:1.11 / Model Rule 1.11 (government officers and employees). 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 Treat this page as historical context, not current guidance.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 mentioned here.

Common questions

Q: Can a law partner of a police and fire commissioner defend criminal cases in that city?

A: Under this opinion, not in cases the commissioner-partner would have to abstain from; the bar on the commissioner is imputed to the partners.

Q: What if a police or fire department member is charged and the firm is asked to defend?

A: The committee said the commission member must resign or abstain, or the firm must decline and the officer must seek other counsel.

Q: Can a lawyer serve on such a commission at all?

A: Yes. The committee said it is proper to accept the appointment as public service, but the lawyer must be cautious to avoid conflicts of interest.

Background and rules framework

The opinion applied the former Code's conflict and imputation principles to a lawyer's dual role on a police and fire commission. The current counterparts are SCR 20:1.7 / Model Rule 1.7 (conflicts), SCR 20:1.10 / Model Rule 1.10 (imputation), and SCR 20:1.11 / Model Rule 1.11 (government officers).

Citations and references

Rules of Professional Conduct:

• Model Rule 1.7 / SCR 20:1.7 (conflicts of interest; current clients)
• Model Rule 1.10 / SCR 20:1.10 (imputation of conflicts of interest)
• Model Rule 1.11 / SCR 20:1.11 (current and former government officers and employees)

See also

• WI Ethics Op. I-1-70: Partners of a Deputy Sheriffs' Bargaining Lawyer
• WI Ethics Op. E-69-1: Municipal Justice of the Peace Conflicts

Source

• Landing page: https://www.wisbar.org/formembers/ethics/pages/formal-opinions.aspx
• Original PDF: https://www.wisbar.org/formembers/ethics/Ethics%20Opinions/I-2-70.pdf