NEW YORK STATE BAR ASSOCIATIONProfessional
Ethics Committee Opinion
Opinion #152 - 09/08/1970
Topic: Conflict of Interest Appearance of Impropriety District
Digest: Assistant district attorney's firm representing a defendant
in another county
Code: Canon 9, DR 9-101, EC 9-2
An assistant district attorney is a member of a law firm with offices
in two counties. May the firm represent defendants in other counties in
which the partner is not an assistant district attorney?
It is the opinion of the Committee that it would be improper for the
firm to represent defendants in other counties.
In N.Y. State 99 (1969) it was held that it was improper for an
assistant district attorney to represent an accused in an adjoining
county because of possible conflict of interest.
In addition, Canon 9 specifically states that a lawyer should avoid
even the appearance of professional impropriety. (See also D.R. 9-101,
It is the opinion of the Committee that it would give the appearance
of impropriety for the district attorney or an assistant district
attorney to represent the people in one county and the firm of which he
is a partner or associate to represent defendants in criminal matters in