Can a lawyer who serves as counsel to a juvenile court also keep a private practice in the same county?

Plain-English summary

A lawyer had an associate employed as legal counsel for the juvenile court. He asked whether, under Florida Opinion 70-11 (since withdrawn), that employment would affect his own practice or that of his partners and associates, in their home county or elsewhere.

The committee advised that 70-11, which addressed prosecutors acting as defense counsel, was by itself inapplicable to the juvenile court because juvenile offenses are not considered crimes. It cautioned, however, that the lawyer, his partners, and his associates should avoid conflict-of-interest positions: the firm should not represent a family or others connected to a juvenile proceeding in a way that does or may conflict with knowledge the juvenile-court counsel gained, or a position he took, on behalf of the juvenile in that court.

Currency note

This opinion was issued in 1971, before The Florida Bar's adoption of the 2006 revisions to the Rules of Professional Conduct, and it relied on a prior opinion (70-11) that has since been withdrawn. The conflict-of-interest principles it applied are now addressed by Rule 4-1.7. Treat this page as historical context, not current guidance. Verify against the current rules before relying on any specific requirement mentioned here.

Common questions

Q: Can a lawyer be counsel to a juvenile court and still practice privately in the same county?

A: Under this opinion, yes. The committee found that the bar on prosecutors also serving as defense counsel did not extend to juvenile work because juvenile offenses are not crimes.

Q: Why didn't Opinion 70-11 control?

A: The opinion explains that 70-11 (since withdrawn) addressed criminal prosecution and defense, and juvenile offenses are not considered crimes, so it did not by itself reach the juvenile-court role.

Q: What limits did the committee place on the arrangement?

A: The opinion directs the lawyer, his partners, and associates to avoid representing a juvenile's family or related parties where doing so would conflict with knowledge gained, or a position taken, by the juvenile-court counsel on the juvenile's behalf.

Background and rules framework

The opinion did not cite a specific Code provision; it reasoned from the committee's prior treatment of prosecutor-defender conflicts in Opinion 70-11 (since withdrawn) and from general conflict-of-interest principles. Those principles are now addressed by Rule 4-1.7, governing concurrent conflicts of interest. The Model Rule analogue is Rule 1.7.

Citations and references

Other opinions cited:

• Florida Opinion 70-11 (since withdrawn): prosecutors acting as defense counsel.

See also

• FL Bar Ethics Op. 72-9: Municipal Prosecutor's Firm Conflict
• FL Bar Ethics Op. 72-48: Assistant State Attorney Whose Partner Is Appointed to Defend
• FL Bar Ethics Op. 75-43: Regular Defense Lawyer Cannot Also Prosecute

Source

• Landing page: https://www.floridabar.org/etopinions/etopinion-71-17/
• Original PDF: https://www-media.floridabar.org/uploads/2017/04/FL-Bar-Ethics-Op-71-17-1.pdf

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

FLORIDA BAR ETHICS OPINION
OPINION 71-17
June 21, 1971
Advisory ethics opinions are not binding.
An attorney employed as legal counsel for a juvenile court may conduct a private practice in the same county. The Committee's expressed disapproval of prosecutors acting as defense counsel does not apply because juvenile offenses are not considered crimes.
Opinion: 70-11
Chairman Massey stated the opinion of the committee:
A member of The Florida Bar has an associate employed as legal counsel for the juvenile court. He asks if this fact would, under Florida Opinion 70-11[since withdrawn], affect his practice or his other partners and associates in the county in which the firm is domiciled or other counties for that matter.
The inquiry is somewhat general. However, the Committee advises that 70-11 [since withdrawn] in and of itself is inapplicable to juvenile court as juvenile offenses are not considered to be crimes. On the other hand, the inquirer should be aware that he, his partners and associates should avoid any conflict of interest positions wherein the legal counsel for the juvenile court would have been involved in a proceeding with the juvenile and his family in that court, while the family or others who were related to the juvenile proceeding would require legal representation which does or may conflict with some knowledge gained or the position taken in behalf of the juvenile.