LEO: Conflict of Interest/County  LE Op. 518

 

Conflict of Interest/County Attorney-Representation of

Indigent Person.

 

May 2, 1983

 

It is not ethically improper for an attorney who represents a county and

the county's law enforcement officers to defend an indigent person in

criminal cases which were investigated by the county's law enforcement

officers. Before undertaking such representation, however, the attorney

must disclose his relationship with the county and its law enforcement

officers and obtain the indigent person's informed consent regarding the

attorney's representation of the indigent person. Having undertaken the

representation, the attorney must disclose to the indigent person all

influences affecting his independent professional judgment and after each

such disclosure continue to obtain the client's informed consent regarding

the attorney's representation of the indigent person. [ DR:5-101(A), DR:

5-105(B) and (C) Virginia Code of Professional Responsibility]

 

Committee Opinion May 2, 1983