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Opinion 296

Question Presented

First, where an Assistant County Attorney handles all proceedings in eminent domain for the county of his employment, and is at the same time, with the knowledge and consent of the Commissioners Court of said county, actively engaged in the private practice of law, would it be unethical for said attorney to defend clients in proceedings in eminent domain brought by cities and other condemning authorities located and doing business in said county, but in which cases the county is in no way involved, and said attorney has no connection with said condemning authorities nor does he have any access to their files or confidential information?

Secondly, would it be unethical for said attorney to represent clients against a city or other condemning authority in a condemnation case where the authority is participating said project jointly with the State Thirdly, would it be unethical for said attorney to represent clients in condemnation cases where the condemning authority is a county other than the one which employs said attorney?

18 Baylor L. Rev. 363 (1966)

CONFLICT OF INTERESTS - COUNTY ATTORNEY - EMINENT DOMAIN

An Assistant County Attorney, with the express consent of all concerned given after a full disclosure of the facts, may represent property owners in eminent domain proceedings in which the county is in no way involved.

Bluebook Citation

Tex. Comm. On Professional Ethics, Op. 296 (1964)