Ethics Opinion

Opinion 78-5

FLORIDA BAR ETHICS OPINION
OPINION 78-5
April 5, 1978
Advisory ethics opinions are not binding.
An attorney may not serve as an assistant state attorney, even if only prosecuting misdemeanors,
while his partner engages in criminal defense practice in the same jurisdiction, defending both
felony and misdemeanor charges.
CPR:
Opinions:

DR 5-105(D)
75-14, 75-43

Chairman Lehan stated the opinion of the committee:
A lawyer inquires as to whether he may serve as an Assistant State Attorney,
prosecuting misdemeanors and not felonies, while his partner engages in criminal
defense practice in the same jurisdiction, defending both felony and misdemeanor
charges.
We answer in the negative for the reasons stated in Opinions 75-43 and 75-14. DR
5-105(D) provides that no partner or associate of a lawyer or his firm may accept or continue
employment if the lawyer is required to decline employment by reason of the conflicting
interests referred to in DR 5-105.