OPINION 49
March 1952
CONFLICTS OF INTERESTSEMPLOYMENTCITY ATTORNEYA City attorney
may practice criminal law in courts other than the corporation court.
CONFLICTS OF INTERESTSEMPLOYMENTCITY ATTORNEYThe fact that a
city attorney represented persons charged with crime in courts other than the corporation
court where city policemen testified as state's witnesses, in itself is not a violation of
the Canons.
Canon 6.
Questions
Is it ethical for a city attorney to represent persons charged with crime in any court
other than the corporation court?
Is it ethical for city attorney to represent persons charged with crime in courts other
than the corporation court where policemen of the city will testify as states
witnesses?
Opinion
All but one of the members of the committee are of the opinion that the practice of
criminal law by a city attorney in any court other than the corporation court is
permissible and not in violation of the Canons of Ethics. (8-1)
The committee is divided on whether or not the city attorney should be permitted to
represent a person charged with crime in a court other than the corporation court where
city policemen will be states witnesses. The majority, however, are of the opinion
that such representation in itself would not bc in violation of the canons of legal
ethics. All were of the opinion that the ethics of such representation would have to be
based on the facts in the particular case and that in all events the city attorney should
so conduct himself as to remain above all suspicion, even at personal financial sacrifice,
should very carefully guard against situations that might give rise to criticism, not only
of him personally but also of the Bar generally, and the he should, under no
circumstances, use his office to gain advantage.