LEO: Conflict of Interest - Part-Time  LE Op. 674

 

Conflict of Interest - Part-Time Commonwealth's Attorneys -

Assistant Commonwealth's Attorneys - Partners -

Associates - Private Practice.

 

March 22, 1985

 

It is not improper for the law partners or associates of a part-time

commonwealth's attorney or assistant commonwealth's attorney to defend

criminal clients in jurisdictions which are adjacent to the jurisdiction

in which the part-time commonwealth's attorney prosecutes criminal cases.

 

It is clear that when a part-time commonwealth's attorney or assistant

commonwealth's attorney is precluded from representing a client in his

private practice because of his public duties, then the partners and

associates of the part-time commonwealth's attorney or assistant

commonwealth's attorney are precluded from representing such a client.

DR:9-101 of the Virginia Code of Professional Responsibility, entitled "

Avoiding Even The Appearance Of Impropriety," and Ethical Consideration 9-

2 [ EC:9-2] must be considered in deciding whether or not the part-time

commonwealth's attorney or assistant commonwealth's attorney or the law

partners and associates of these elected or appointed officials may accept

representation of a client. [ DR:5-105(A) and (E), and LE Op. 188]

 

Committee Opinion March 22, 1985