FLORIDA BAR ETHICS OPINION
July 23, 1975
Advisory ethics opinions are not binding.
If a firm employs or has as a partner a part-time assistant state attorney, the firm may not
represent a public body in a suit in which the state attorney will be served with process for
response on behalf of the public.
Vice Chairman Daniels stated the opinion of the committee:
A law firm employs or has as a partner a part-time Assistant State Attorney.
A member of the firm inquires as to whether it may represent a public body in a
bond validation proceeding “wherein the State Attorney is served with process for
response on behalf of the public.” The Assistant State Attorney in the firm will
take no part in the bond validation proceeding.
The inquiry must be answered in the negative. If one lawyer in a firm is disqualified
because of a conflict of interest, all lawyers in the firm are likewise disqualified. DR 5-105(D)
expressly so provides. Cf. Opinion 65-72.