The Florida Bar

Ethics Opinion

Opinion 62-58

March 6, 1963
Advisory ethics opinions are not binding.
It is proper for a former assistant U.S. district attorney to participate in the defense of a criminal
action that was pending during his term of office when he had no knowledge of the case and no
access to the files.


Chairman Holcomb stated the opinion of the committee:
This Committee has a request for an opinion from a member of The Florida
Bar, as to whether his prior service as an Assistant U.S. District Attorney, from
which he recently resigned, would prevent him from acting as counsel in a
criminal matter pending during the period that he was with the District Attorney’s
office but concerning which he never was contacted and did not have access to
nor knowledge of the files.
It is the belief of this Committee that there is no violation of the Canons of Ethics
involved in this matter, and that he is justified in continuing his representation of the defendant
in the criminal case.