FLORIDA BAR ETHICS OPINION
April 25, 1969
Advisory ethics opinions are not binding.
A former assistant city attorney who has performed no services during the past three years, has
recently secured formal acquiescence in his withdrawal by the city council, and received no
information in his former capacity that would be adverse to the city, may now represent a private
client in a zoning matter involving the municipality.
Chairman MacDonald stated the opinion of the committee:
A member of The Florida Bar advises that in 1962 he was appointed as
assistant city attorney for a small municipality in order to occasionally serve in
place of his then partner, who was the city attorney. The partnership was
dissolved, and the services as assistant city attorney ceased as a factual matter at
least three years ago, although there was no formal action taken by the council of
the municipality or the inquirer to document this cessation at that time.
The inquirer now wishes to represent a private client in a zoning matter involving the
municipality and has taken the precaution of securing formal action by the council of the
municipality concerning his withdrawal as assistant city attorney.
Provided that the inquirer received no information during the time that he served as
assistant city attorney which would be in any way adverse to the city in the present zoning
matter, we see no impropriety whatever in the inquirer’s participating in the matter.