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The Florida Bar
www.floridabar.org
PROFESSIONAL ETHICS OF THE FLORIDA BAR

OPINION 70-38
December 3, 1970

Absent the unavailability of other counsel, neither part-time city prosecutor nor members of his firm may handle criminal defense work in any court.

Opinion: 70-11

Chairman Massey stated the opinion of the committee:

A member of The Florida Bar inquires, when having an associate as a city prosecutor, part-time, whether he or other members of the firm may ethically handle criminal defense work in courts other than the municipal court. This inquiry must be answered in the negative.

The Committee takes note of the geographical area and attorney population from which the inquiry originated. It is the consensus of the Committee that doubt exists as to any hardship situations or scarcity of available attorneys therein.

In final analysis, the matter is determined by Florida Opinion 70-11 (released October 19, 1970) [since withdrawn] which prohibits a municipal prosecutor from serving in different capacities in jurisdictions other than the municipal court for which he prosecutes, except in limited hardship areas. This injunction applies to associates and partners within the same firm.

[Revised: 08-24-2011]