The Florida Bar

November 22, 1963

It is not improper, but rather a duty, for an assistant city attorney to prosecute a person who was formerly represented by one of his partners, when no member of his firm has represented the alleged violator for some time and such representation occurred prior to the formation of the present partnership.

Canon: 6

Chairman Smith stated the opinion of the committee:

A member of The Florida Bar requests an opinion from the Professional Ethics Committee regarding the propriety of his prosecuting in his capacity as an assistant city attorney a person formerly represented by one of his partners. It is our understanding that no member of his firm now represents the party in question in any capacity and has not done so for approximately one year. It is our further understanding that his partner's representations were tendered and performed prior to the formation of the partnership.

It is the unanimous opinion of the Committee that no violation of the Canons of Professional Ethics would be involved in the lawyer's acting as prosecutor under the circumstances. Further, the Committee feels it is in fact his duty as assistant city attorney to prosecute.

[Revised: 08-24-2011]