The Florida Bar
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OPINION 75-14
July 23, 1975
If a firm employs or has as a partner a part-time assistant state attorney, the firm may not represent a public body in a suit in which the state attorney will be served with process for response on behalf of the public.

CPR: DR 5-105(D)
Opinion: 65-72

Vice Chairman Daniels stated the opinion of the committee:

A law firm employs or has as a partner a part-time Assistant State Attorney. A member of the firm inquires as to whether it may represent a public body in a bond validation proceeding "wherein the State Attorney is served with process for response on behalf of the public." The Assistant State Attorney in the firm will take no part in the bond validation proceeding.

The inquiry must be answered in the negative. If one lawyer in a firm is disqualified because of a conflict of interest, all lawyers in the firm are likewise disqualified. DR 5-105(D) expressly so provides. Cf. Opinion 65-72.




[Revised: 08-24-2011]