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                                         108 N.J.L.J. 525
                                        December 10, 1981


Appointed by the New Jersey Supreme Court


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).


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