New Jersey Supreme Court Advisory Committee on Professional Ethics Ethics Opinions
Free plain-English summaries of legal ethics opinions issued by the New Jersey Supreme Court Advisory Committee on Professional Ethics, with full citations and source links on every page.
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May a municipal prosecutor represent a private client in a driver's license revocation hearing before the Director of the Division of Motor Vehicles?
Yes. The opinion concluded there is no impropriety, provided the offense did not occur in the prosecutor's own municipality, applying R. 1:15-3(b) rather than the general conflict rule DR 5-105.
May an attorney who is a county freeholder represent a private client appealing the county prosecutor's refusal to hire him as a county detective?
No. The opinion concluded it would be unethical, because the prosecutor acts on behalf of the county in hiring decisions, so a freeholder-attorney opposing that decision would be opposing another coun…
May one attorney serve as counsel to both the planning board and the board of health in the same municipality?
Yes, generally. The opinion concluded a planning board attorney may also serve the local board of health, except where a particular situation presents a conflict or a clear potential for conflict is i…
May the law partner of a municipal prosecutor serve as counsel to a nonprofit senior-housing development corporation whose board is appointed by the township?
Yes. The opinion concluded there is no conflict, because the inquirer would represent only the autonomous corporation and would not appear before municipal boards, and the corporation receives no muni…
May a lawyer who formerly served a public body represent private clients before that same body, and should a special rule bar all such appearances?
The Committee concluded that existing standards already bar a former public lawyer only from matters in which he had substantial responsibility while employed, and that no new blanket rule prohibiting…
May a lawyer who represents a municipality's board of fire commissioners appear before that town's municipal court for a private client in an unrelated matter?
Yes. The opinion concluded that a fire district is an autonomous body rather than an adjunct of the municipality, so its attorney is not subject to the practice limitations that bar municipal attorney…
May a lawyer practice criminal defense in the same state where her spouse serves as a deputy attorney general prosecuting criminal appeals?
No. The opinion concluded she should not practice criminal defense in New Jersey while her husband is a deputy attorney general in the Division of Criminal Justice, because the situation presents an a…
May a municipal prosecutor be politically active in a neighboring municipality and elsewhere in the county where he serves?
Yes. The opinion concluded there was nothing unethical in the proposed political activity, since the rules barring political activity reach the judicial branch rather than municipal prosecutors, and t…
If a lawyer represents a town-created nonprofit housing association whose trustees are appointed by the mayor and council, may he also appear for private clients before that town's boards?
No, not both. The opinion concluded that counsel for such an association must choose between representing the agency, which precludes the lawyer and his firm from appearing before the town's bodies, o…
If a lawyer's office associate becomes a part-time municipal legal assistant, may the lawyer still finish a workers' compensation claim his office is pursuing against that municipality, even with the city's consent?
No. The opinion concluded the lawyer must withdraw, because his associate's municipal position is imputed to the whole office under DR 5-105(D), and the public interest in the matter means the city's …
May a former assistant prosecutor defend an accused in a criminal matter that was under investigation, by a state commission, within his old office's jurisdiction during his tenure, even if he never touched the file?
No. The opinion concluded the representation was improper, because the public would see a matter investigated within his former office's jurisdiction during his tenure, and his lack of personal involv…
When the county must provide a jail guard a defense to a criminal complaint, may the county counsel handle that defense, or must outside counsel be retained?
Outside counsel. The opinion concluded the county counsel and his assistants may not appear for the jail guard in a criminal proceeding, so an outside attorney should be engaged.
Does a conflict that bars a firm from practicing criminal law in a county also bar a solo lawyer who tries the firm's cases in its name under a fee arrangement?
Yes. The opinion concluded the same disabilities that barred the firm extend to the inquirer, because he practices under the firm's name and can do so only as its associate, so he may not take cases t…
May a lawyer who sits on the county planning board represent private clients before municipal planning boards and other municipal agencies in the county?
Not before municipal planning boards. The opinion concluded the lawyer may not appear before a municipal planning board, but generally may represent private clients before other municipal agencies exc…
May a municipal public defender, paid by the town to defend indigent defendants, also represent paying clients before that town's municipal court and agencies?
Yes. The opinion concluded the representation is proper, because the public defender's clients are the indigent defendants he is appointed to defend, not the municipality, so his appointment and salar…
May the attorney for a county vocational school board also represent a civil service council that negotiates contracts for employees of the same county?
No. The opinion concluded that the county school board attorney is part of the county's official family, so representing employees in contract negotiations with the county would invite the inference t…
May a lawyer who represents a county prosecutor in an ethics matter also defend people accused of crime in that same county?
No. The opinion concluded that counsel to a prosecutor should refrain from representing the accused in that county while he represents the prosecutor, because the close personal relationship invites a…
If a lawyer is counsel to a local police union (PBA), can the lawyer appear in criminal courts in that area on matters where no PBA member is involved?
Yes. The opinion concluded that counsel to a local PBA is not barred from appearing in magistrate's or county criminal courts in cases where no PBA member the lawyer represents is a complainant or wit…
Can a lawyer serve as counsel to a local board of health while, in pending litigation, he sues the same municipality on behalf of officials seeking indemnification and fees from it?
No. The opinion concluded the lawyer may not become counsel to the board of health, because he would be collecting fees from the taxpayers through the board while simultaneously suing the municipality…
Can a former assistant prosecutor later represent a man he convicted, in a civil-service appeal where that conviction is the reason the man lost his retirement benefits?
No. The opinion concluded the representation is improper under DR 5-105 and DR 4-101, because the conviction he obtained is the very basis of the benefits denial, raising both a confidential-informati…
Can a municipal prosecutor also take public-defender assignments to defend criminal cases in county court?
Sometimes. The opinion concluded a municipal prosecutor may not defend an accused in county court where the offense arose in, or the accused lived in, his own municipality, but may do so where both th…
Can a lawyer defend criminal cases in the same county where his spouse serves as an assistant prosecutor?
No. The opinion concluded that defending criminal matters in a county where one's wife is an assistant prosecutor would be improper, because the marital relationship places an undue, perhaps impossibl…
Can a lawyer who is counsel to one city challenge a neighboring city's tax assessments when his law partner is the mayor of that other city?
No. The opinion concluded that neither partner should participate, because partners who share earnings cannot owe divided loyalties to two cities whose tax positions directly conflict, and even the ap…
How far does serving as county counsel limit a lawyer's private practice before county courts, the surrogate, zoning boards, and a bank he is tied to?
The opinion concluded county counsel is not broadly barred: he may practice in the county courts (except criminal and probate matters reserved by rule), may appear before local zoning boards unless th…
Is a municipal attorney automatically conflicted out if his spouse becomes the town's tax collector?
No. The opinion concluded there is no conflict per se when a municipal attorney's wife serves as tax collector of the same municipality, whether she is elected or appointed, though a particular situat…
If one lawyer in a firm sits as a tax-appeals judge, can the firm handle tax appeals before that tribunal or the boards below it?
No. The opinion concluded that because the associate-judge could not appear in tax matters that reach his own tribunal, that disqualification imputes to the whole firm, and his recusal in particular c…
If a lawyer is the attorney for a municipal utilities authority, can he, his partner, or his associate appear before other municipal agencies of the same town, or represent other agencies of that town?
No to appearing before other agencies for private clients. The opinion concluded the lawyer, his partner, and his associate may not appear before the municipality's other agencies, and a municipal att…
Can an employee of a planning board's attorney, or an attorney who sits on the board of adjustment, practice before other agencies of the same municipality?
No. The opinion concluded that neither an employee of a municipal agency's attorney nor an attorney member of a municipal board may practice before other agencies of the same municipality, because the…
Can a lawyer serve as municipal attorney when his father owns the corporation developing land bought from that municipality, even if the lawyer recuses on those matters?
No on these facts. The opinion concluded that although not improper per se, it was clearly improper for the lawyer to serve as municipal attorney where his father owned the development corporation, an…
Can a former assistant county prosecutor defend someone indicted from an investigation his old office ran, if he played no part in it and had already resigned?
No. The opinion concluded it would be improper for a former assistant prosecutor to defend a person indicted as a result of an investigation by his former office, even though he took no part in it and…
Can a county counsel represent a private client in a suit against the county's commissioner of registration challenging one of the commissioner's rulings?
No. The opinion concluded that because the public sees county counsel as the lawyer for the whole 'official county family,' which includes the commissioner of registration, representing a private part…
Can a county counsel represent private clients before municipal courts and bodies, such as on traffic and disorderly-persons charges or in civil municipal matters?
It splits. The opinion concluded a county counsel should not appear for private clients before a municipal court on traffic or disorderly-persons matters, but generally may represent private clients i…
If a firm sublets office space to an attorney who sits on the county board of freeholders, can the firm still appear before the county board of taxation?
No. The opinion concluded that because the freeholder-attorney subtenant is an 'office associate' of the firm, neither the firm nor anyone in it may appear before the county board of taxation.
If a lawyer's son becomes a full-time assistant prosecutor and they dissolve their partnership, can the father keep practicing criminal law in that county?
No. The opinion concluded that the father and former partner of a full-time assistant prosecutor should not continue to practice criminal law in the county, even though the son is only one of fourteen…
Can one attorney represent both the board of adjustment and the planning board of the same municipality?
Only if no conflict arises. On reconsideration, the opinion concluded that an attorney should not represent both boards in the same municipality if there is or may be a conflict of interest in a parti…
Can a lawyer who regularly defends people accused of crime also serve as attorney for organizations of law enforcement officials?
No. The opinion concluded that a lawyer regularly engaged in defending those accused of crime may not also serve as attorney for organizations of law enforcement officials.
Can a lawyer represent a town's zoning board when his law partner (and relative) sits on the town's governing body?
No. The opinion concluded that it is not proper for an attorney to represent a zoning board where his law partner sits as a member of the municipality's governing body, because appearing before his ow…
If a lawyer becomes municipal prosecutor, are his partners barred from appearing before the town's boards, and from other towns' courts?
Partly. The opinion concluded that if a partner becomes municipal prosecutor, all firm members are barred from appearing before that borough's council and boards; they are barred from other municipal …
Can a zoning board attorney keep defending the board on appeal when the appealing applicant is a client of the attorney's law partner?
No. The opinion concluded it is unethical for a board of adjustment attorney to continue defending the board's denial of a variance when his firm partner represents one of the principals of the appeal…
Can a lawyer who is a part-time associate of the municipal attorney appear as counsel for the town's board of adjustment in litigation the municipal attorney is also handling?
No. The opinion concluded that because the inquirer and the municipal attorney were associated (indirectly if not directly) in the practice of law, and were publicly so perceived, his appearing for th…
Can a municipal attorney appear with a municipal official subpoenaed to testify about municipal matters, and can the town pay for it?
Yes, within limits. The opinion concluded that a municipal attorney may represent an official testifying on municipal matters and the town may pay, but he must withdraw and send the official to separa…
Can a municipal attorney foreclose tax sale certificates for private clients in the same municipality he serves?
No. The opinion concluded that the potential conflict inherent in foreclosing private clients' tax sale certificates in the municipality the attorney serves makes such representation improper.
Can a lawyer (or his firm) defend an indigent criminal client when the lawyer's brother is an investigator in the prosecutor's office?
It depends on whether the brother is a witness. The opinion concluded the assigned attorney (and his firm) may represent the defendant when the investigator brother will not testify, but it is imprope…
Is it a conflict for a lawyer to represent a municipal planning board when his law partner is the father of the town's mayor?
No. The opinion concluded the representation is proper, reasoning that only actual kinship between the lawyer and the official is proscribed; a relationship as remote as being the partner of the mayor…
Can a municipal judge also act as the attorney for a developer whose land project needs approvals from that same municipality's boards?
No. The opinion concluded that a municipal judge may not represent a developer of land in the municipality he serves when the project depends on actions of the municipal planning and zoning boards, be…
Can one attorney represent both the board of adjustment and the planning board of the same municipality?
No. The opinion concluded that an attorney should not represent both boards of the same municipality, because the potential for conflict between them is so inherent in their different statutory duties…
Can an assistant county prosecutor represent private plaintiffs in a civil rights suit against a police department in the same county?
No. The opinion concluded it is improper for an assistant county prosecutor to represent private plaintiffs suing a municipality, its police department, and officers in the same county, because of the…
Can a lawyer who shares an office with the municipal attorney represent a developer building and selling homes in that municipality?
No. The opinion concluded that an office associate of the municipal attorney may not represent a developer operating in the municipality that employs the municipal attorney, because the conflict that …
Can a part-time assistant municipal attorney represent a builder client operating in the municipality if he discloses the relationship and steps aside from the variance hearing?
No. The opinion concluded it is unethical for an assistant municipal attorney (also zoning board counsel) to represent a builder operating in his municipality, even with disclosure to the board, withd…
Can a lawyer be the planning board attorney when a partner in his firm is the attorney for the same municipality?
No. The opinion concluded it is unethical for an attorney to serve as planning board counsel where a partner in his firm is the municipal attorney for the same municipality, because the municipal-atto…
Can the attorney for a municipal board of health also sue the same municipality, represent private clients before its other boards, or defend cases in its municipal court?
No. The opinion concluded that even though the board of health is largely autonomous, it remains an agency of the municipality, so its attorney may not pursue negligence claims against that municipali…
Can a member of a city's law department who prosecutes in municipal court also defend a police officer charged in that same court?
No. The opinion concluded that any member of the city's law department who prosecutes cases in the municipal court should not defend a police officer in the same court; the municipality may instead re…
Can a municipal solicitor defend a criminal defendant when the alleged offense occurred in his own municipality and was investigated by its police?
No. The opinion concluded it would be improper for a municipal solicitor to represent a defendant in a criminal action where the offense allegedly occurred in the municipality he serves and the arrest…
Can an assistant municipal attorney represent a client in a claim against the board of education that the municipality's governing body appoints?
No. The opinion concluded it would be improper for an assistant municipal attorney to prosecute a workers' compensation claim against a board of education appointed by the municipal body he represents…
Is it a conflict for an attorney to serve as counsel to a planning board when a relative sits on, and chairs, that board?
No. The opinion concluded there was no unethical conduct in an attorney representing a planning board chaired by his uncle, because in advising the board he sought no discretionary favor for a client,…
Can the same attorney serve as counsel to both a municipality's planning board and its board of adjustment?
No. The opinion concluded it is improper for one attorney to represent both the zoning board and the planning board where each agency routinely refers matters to the other and the likelihood of disagr…
Can a lawyer who serves a city's redevelopment agency, forecloses its tax sale certificates, or sits on its sewer authority also appear before city bodies for private clients?
No. The opinion concluded that each of the three lawyers, the redevelopment agency's counsel, the tax-sale-foreclosure attorney, and a member of the city sewer authority, is part of the municipal gove…
May a borough's municipal attorney also serve as legal adviser to that borough's planning board in preparing a master plan?
Not in that controversial capacity. The opinion concluded that the general principles barring a municipal attorney from dual municipal roles apply, so he cannot advise the planning board on controvers…
May a municipal planning board's attorney represent his own wife to oppose a neighbor's zoning variance before the board of adjustment?
The opinion concluded the planning board attorney should not represent his wife at the variance hearing, both because the matter could return to his planning board and create a conflict of interest an…
May a lawyer who is also a police officer on leave, and his firm, handle criminal cases in the municipality where he serves on the police force?
The opinion concluded that neither the lawyer (a police lieutenant newly admitted to the bar) nor his firm may handle any criminal case arising in the municipality where he is a police officer on leav…
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Legal ethics opinions from the New Jersey Supreme Court Advisory Committee on Professional Ethics interpret the rules of professional conduct for working lawyers, in response to inquiries from members and committees. They are not binding like court discipline decisions, but courts and discipline boards treat formal opinions as substantial guidance on how the rules apply. Every opinion above has a plain-English question and short answer, plus a link to the original source on the bar's site.