Opinion 187

Lawyer X, a recent graduate of law school, is engaged in civil practice as a partner with his father, Y, in a small town of six thousand population. Y is, and has been for many years, the county attorney in the county in which they practice. Office expenses are taken out of the proceeds of the civil practice and the remainder divided equally. The county attorney's salary is retained by Y and X receives no part of it. X has several cases that are his own and for which separate records and files are kept and all proceeds from these matters are retained by X. The firm has one common secretary, but Y has all county attorney files in a separate room under lock. In addition to X and Y there is only one other attorney actively engaged in law practice in the town, although two other attorneys reside in the town, but do little, if any, practice.

In this situation would it be a violation of the Canons of Ethics (1) for X to represent the defendant in a criminal murder case where he will receive a substantial fee to assist Attorney Z who has no connection with X or Y and lives in a neighboring cityΧY will assist the district attorney in prosecuting the case, (2) for X, under the same situation as outlined under (1) above, to take such employment if Y did not assist in the prosecution?