The Florida Bar

July 23, 1969

Even though a County Attorney does not represent the Board of Public Instruction of the county, he should not represent defendants in a condemnation suit brought by the Board of Public Instruction.

Canon: 6
Opinion: 65-42

Chairman MacDonald stated the opinion of the committee:

The inquirer advises that he has been retained by the Board of County Commissioners of his county as County Attorney. The Board of Public Instruction of the county retains an entirely separate attorney with whom he has no professional association. The inquirer has recently been requested to represent defendants in a condemnation suit to be brought by that board. Two members dissenting, the Committee has concluded that although no actual conflict would exist in this situation, the possibility of public misunderstanding as emphasized in our Opinion 65-42 dictates that it is not in the best interest of the profession for this representation to be undertaken by the inquirer. One member of the majority concurs only because he feels bound by previous opinions such as 65-42.

[Revised: 08-24-2011]