Can a county attorney also serve as attorney for a fourth-class city in the same county, or share an office with the city's attorney?

Plain-English summary

The committee considered whether one lawyer could serve as both county attorney and attorney for a fourth-class city located in that county, and whether the two roles could be combined in a shared office or a partnership. The answer to both was a qualified yes.

A county attorney may also represent the city, subject to DR 5-105 and Opinion KBA E-88 (1974). The committee noted that if a conflict between the county and the city of the kind described in DR 5-105(A) or (B) arose, the lawyer could not continue to represent both, because under DR 5-105(C) the county cannot give the consent that continued multiple employment would require.

On the office-sharing and partnership question, the committee reasoned that if the same lawyer or his assistant may represent both the county and the city, then sharing office space with, or being a partner of, the city attorney follows. If a conflict of the type described in DR 5-105(A) or (B) later arose, the county attorney or assistant must withdraw from the case, or the city attorney must withdraw, or the office arrangement or partnership must be terminated, under DR 5-105(D).

Currency note

This opinion was issued in 1975 under Kentucky's former Code of Professional Responsibility (in effect 1971 to 1990), before the Kentucky Bar Association's 1990 adoption of the Rules of Professional Conduct (SCR 3.130) and the substantial 2009 revisions to those rules. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against the current rules before relying on any specific rule, deadline, or requirement mentioned here.

Common questions

Q: Can one lawyer be both county attorney and attorney for a fourth-class city in the county?

A: Qualified yes. The committee concluded the dual representation is permissible subject to DR 5-105 and Opinion KBA E-88 (1974), so long as no actual conflict of the kind described in DR 5-105(A) or (B) arises.

Q: Can the county attorney share an office with, or be a partner of, the city attorney?

A: Yes, the committee held that if the dual representation itself is permissible, the office-sharing or partnership follows.

Q: What happens if the county and city come into conflict?

A: The committee held that under DR 5-105(C) the county cannot consent to continued multiple employment, so one representation must end (DR 5-105(D)) or the office arrangement or partnership must be terminated.

Background and rules framework

The opinion applied DR 5-105 of the former Code of Professional Responsibility, which governed a lawyer's acceptance and continuation of employment that involved potentially differing interests of multiple clients, including the consent requirement of DR 5-105(C) and the withdrawal requirement of DR 5-105(D). The modern analog is Model Rule 1.7 (concurrent conflicts of interest).

Citations and references

Rules of Professional Conduct:

• DR 5-105 (refusing or continuing multiple employment); modern analog Model Rule 1.7

Other opinions cited:

• KBA Opinion E-88 (1974)

See also

• KBA Ethics Op. E-128: County Attorney, Police Judge Office
• KBA Ethics Op. E-159: Office-Sharing With the County Attorney
• KBA Ethics Op. E-167: Office-Sharing With Assistant County Attorney

Source

• Landing page: https://kybar.org/For-Members/Rules-Ethics-Information/Ethics-Opinions
• Original PDF: https://kybar.org/Portals/0/Admin/Ethics%20Opinions/KBA_E-129.pdf

Original opinion text

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

KENTUCKY BAR ASSOCIATION
Ethics Opinion KBA E-129
Issued: November 1975

This opinion was decided under the Code of Professional Responsibility, which was in effect from 1971 to 1990. Lawyers should consult the current version of the Rules of Professional Conduct and Comments, SCR 3.130 (available at http://www.kybar.org), before relying on this opinion.

Question:

May a county attorney also be attorney for a fourth-class city located in the county? May a county attorney share an office with or be the partner of the attorney for a fourth-class city located in the county?

Answer:

Qualified yes.

References:

DR 5-105; Opinion KBA E-88 (1974)

OPINION

A county attorney may also represent a fourth-class city located in the county, subject to the requirements of DR 5-105, Opinion KBA 88 (1974). In the event a conflict between the county and the city described in DR 5-105(A) or (B) should arise, the attorney cannot continue to represent both under DR 5-105(C), because the county cannot consent to the continued multiple employment as required by DR 5-105(C).

Obviously, if the county attorney can also represent the city, he or his assistant may share office space with, or be the partner of, the city attorney. If conflict between city and county as described in DR 5-105(A) or (B) should arise, the county attorney or assistant must resign from the case, or the city attorney must resign from the case, or the office arrangement or partnership must be terminated, DR 5-105(D).

Note to Reader

This ethics opinion has been formally adopted by the Board of Governors of the Kentucky Bar Association under the provisions of Kentucky Supreme Court Rule 3.530 (or its predecessor rule). The Rule provides that formal opinions are advisory only.