Ethics Committee Advisory Opinion #1987/8-13
April 12, 1988
ANNOTATIONS:
A lawyer may not serve as a part-time municipal prosecutor and as criminal defense counsel in the same district court in that the potential for actual conflict of interest in this situation is real and substantial in both criminal and civil matters and that maintenance of the high standards of confidentiality seems impossible in such a situation. (Rules 1.6; 1.7)
The potential for later use of information gained in the representation of a former client, against that former client, and giving rise to a client’s unjustified expectations about the results the lawyer can achieve, would exist where a part-time municipal prosecutor would act as a criminal defense counsel in the same district court. (Rules 7.1; 8.4(d))
QUESTION:
May an attorney, who is a part-time municipal prosecutor and a legal advisor to the town police department, represent criminal defendants or delinquent juveniles in the same district court where he acts as prosecutor?