The Florida Bar
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OPINION 78-5
April 5, 1978
An attorney may not serve as an assistant state attorney, even if only prosecuting misdemeanors, while his partner engages in criminal defense practice in the same jurisdiction, defending both felony and misdemeanor charges.

CPR: DR 5-105(D)
Opinions: 75-14, 75-43

Chairman Lehan stated the opinion of the committee:

A lawyer inquires as to whether he may serve as an Assistant State Attorney, prosecuting misdemeanors and not felonies, while his partner engages in criminal defense practice in the same jurisdiction, defending both felony and misdemeanor charges.

We answer in the negative for the reasons stated in Opinions 75-43 and 75-14. DR 5-105(D) provides that no partner or associate of a lawyer or his firm may accept or continue employment if the lawyer is required to decline employment by reason of the conflicting interests referred to in DR 5-105.




[Revised: 08-24-2011]