The Florida Bar

Ethics Opinion

Opinion 63-31

November 22, 1963
Advisory ethics opinions are not binding.
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.


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