Ethics Committee Advisory Opinion #1984/5 3
September 11, 1984
An attorney may not act as town counsel when the firm with which the attorney is associated represents clients in pending matters against that town and continues to accept representation of clients in future matters against the town. DR5-105, DR9-101.
Disclosure to the town and clients of this arrangement and recusal of the attorney from representation of the town is insufficient to cure the conflict of interest. DR5-105, DR9-101.
May an attorney who is “of counsel” to a law firm act as town counsel when the law firm represents clients with pending and/or future litigation against the town, if the attorney recuses himself or herself from all such cases and the law firm agrees not to take any new clients with claims against the town?