In so doing, it noted the distinction between civil and criminal matters and indicated that, at first glance, there might be no conflict. The Committee concluded, however, that an attorney representing the public should not accept employment where his duties to a private client and his public duties might conflict either directly or indirectly. It was felt that such representation might tend to destroy public confidence in the lawyer as a public official and might bring reproach upon the profession. Two members of this Committee believe there would be no impropriety in an elected county prosecutor handling civil matters for a private client in which the county, or a subdivision thereof, is the defendant. These members take special note of the fact that in small counties most attorneys hold some public position and that if these attorneys are disqualified from representing private clients in situations which are not in direct conflict with the public duties of the attorney, then the clients may be required to seek representation outside of the county.
Stress is laid upon the practical considerations involved.