A violation of the canons of ethics for the county attorney

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1. If an individual were to go to the County Attorney's Office with a case that was not a matter which that office could handle, would it be a violation of the Canons of Ethics for the County Attorney, or one of his Assistants, to inform the individual that he could not represent him in his official capacity, but that he would undertake to represent him as a private lawyer?

2. Would it be a violation of the Canons of Ethics if, in that same situation, the County Attorney, or one of his Assistants, told the individual that the County Attorney's office could not represent him as such, and then gave him the name of a particular practicing attorney who would be able to help him?

3. In the latter situation, assuming it to be proper, would it be a violation of the Canons of Ethics for the County Attorney, or one of his Assistants, to accept a referral fee from the individual lawyer to whom he referred the man seeking help?

In each of these situations, we have assumed that the individual with the cause of action went to the County Attorney's office with the understanding that, as a taxpayer, the County Attorney's office was available for his use and that the County Attorney's office could properly handle the type of matter involved, and not to retain the individual in the County Attorney's office as a private lawyer.

4. Finally, would it be a violation of the Canons of Ethics if an individual went to the County Attorney's office seeking to file a criminal complaint but was informed that criminal action in the matter would be ineffective and that his civil remedies would better suit his needs, and then the County Attorney or one of his Assistants, either undertook to take the case, or referred it out to one specific lawyer with or without a referral fee, as in the above examples?

 

 

Reference no: EM13334779

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