The Florida Bar

April 25, 1969

A former assistant city attorney who has performed no services during the past three years, has recently secured formal acquiescence in his withdrawal by the city council, and received no information in his former capacity that would be adverse to the city, may now represent a private client in a zoning matter involving the municipality.

Canon: 6

Chairman MacDonald stated the opinion of the committee:

A member of The Florida Bar advises that in 1962 he was appointed as assistant city attorney for a small municipality in order to occasionally serve in place of his then partner, who was the city attorney. The partnership was dissolved, and the services as assistant city attorney ceased as a factual matter at least three years ago, although there was no formal action taken by the council of the municipality or the inquirer to document this cessation at that time.

The inquirer now wishes to represent a private client in a zoning matter involving the municipality and has taken the precaution of securing formal action by the council of the municipality concerning his withdrawal as assistant city attorney.

Provided that the inquirer received no information during the time that he served as assistant city attorney which would be in any way adverse to the city in the present zoning matter, we see no impropriety whatever in the inquirer's participating in the matter.

[Revised: 08-24-2011]