108 N.J.L.J. 525
December 10, 1981
OPINION 489
Conflict of Interest
Assistant County Counsel Also
Special Counsel to Municipality
This inquiry is whether it is proper for an attorney to
undertake the defense of a municipality, its mayor and council
located in the county which employs him as assistant county
counsel. The action is for a denial of civil rights and does not
include the county. Nothing in the complaint in any way refers to
that county.
This situation involves no inherent or potential conflict. We
see no objection to the inquirer's undertaking the proposed
representation. There can be no conflict between that
representation and his present post as assistant county counsel.
Compare our Opinion 466, 106 N.J.L.J. 518 (1980), where we approved
the representation by special labor counsel to a county in
litigation for private clients against municipalities in the same
county. See generally on the considerations involved Perillo v.
Advisory Committee on Professional Ethics, 83 N.J. 366 (1980),
Higgins v. Advisory Committee on Professional Ethics, 73 N.J. 123
(1977).