Can the law partners of a lawyer who is bargaining agent for a deputy sheriffs' association take criminal defense cases in that county?
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This page answers the general question as of 1970. Ezel answers yours: whether it's allowed on your facts, under the current rules of professional conduct in your state, with citations.
Plain-English summary
Informal Opinion 1/70 addressed whether a lawyer acting as bargaining representative for a county association of deputy sheriffs could permit his partners or associates to accept criminal and juvenile defense work in that county, given the possibility of a conflict of interest. The committee considered the inquiry alongside a companion question about partners of a lawyer-member of a municipal police and fire commission, treated in a separate opinion.
For the attorney representing the bargaining unit, the committee concluded there is no inherent conflict of interest that would absolutely foreclose his partners or associates from acting on behalf of criminal or juvenile offenders. It cautioned that where an actual conflict does arise, the lawyer would have to withdraw, so at the outset the lawyer should advise the client of that possibility and obtain consent to act in the case. The committee directed that the lawyer's conduct be guided by Canon 5 of the Code of Professional Responsibility, that a lawyer should exercise independent professional judgment on behalf of a client.
Currency note
This opinion was issued in 1970, before Wisconsin's July 1, 2007 adoption of the revised Rules of Professional Conduct for Attorneys (the state's Ethics 2000 update), and it applies Canon 5 of the former Code of Professional Responsibility. The current counterparts are SCR 20:1.7 / Model Rule 1.7 (conflicts of interest; current clients) and SCR 20:1.10 / Model Rule 1.10 (imputation of conflicts within a firm). Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule, deadline, or requirement mentioned here.
Common questions
Q: Can partners of a union's bargaining lawyer take criminal defense cases in the same county?
A: Under this opinion, yes. The committee found no inherent conflict that would absolutely foreclose the partners from such work.
Q: What conditions applied?
A: The lawyer should advise the client of the possibility of conflict and obtain consent at the outset, and must withdraw if an actual conflict arises.
Q: What rule guided the analysis?
A: The committee pointed to Canon 5 of the former Code, that a lawyer should exercise independent professional judgment on behalf of a client.
Background and rules framework
The opinion applied Canon 5 of the former Code (independent professional judgment) to a possible conflict between a lawyer's union-bargaining role and his firm's criminal defense work. The current counterparts are SCR 20:1.7 / Model Rule 1.7 (conflicts) and SCR 20:1.10 / Model Rule 1.10 (imputation).
Citations and references
Rules of Professional Conduct:
- Model Rule 1.7 / SCR 20:1.7 (conflicts of interest; current clients); former Canon 5
- Model Rule 1.10 / SCR 20:1.10 (imputation of conflicts of interest)
See also
- WI Ethics Op. I-2-70: Partners of a Police and Fire Commission Member Accepting Criminal Cases
- WI Ethics Op. E-69-1: Municipal Justice of the Peace Conflicts
Source
- Landing page: https://www.wisbar.org/formembers/ethics/pages/formal-opinions.aspx
- Original PDF: https://www.wisbar.org/formembers/ethics/Ethics%20Opinions/I-1-70.pdf
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