Ethics Committee Advisory Opinion #1987/8-1
November 10, 1987
ANNOTATIONS:
A lawyer may not appear before a governmental board on behalf of a client during the period of his or her temporary appointment to that board. (Rules 1.11A(a)(1); 1.11A(b))
A lawyer may not accept appointment as a temporary governmental board member when the lawyer is representing a client before the board in a wholly unrelated matter. (Rule 1.11A(b)(3))
The bar of Rule 1.11A(b)(3) is absolute, and cannot be waived. (Rules 1.9(a); 1.11A(b)(3))
Rule 1.11A(b)(3)’s disqualification of a lawyer-official requires disqualification also of the members of the lawyer-official’s law firm. (Rules 1.11A(b)(3); 1.11A(c))
Frequent and recurring service as a temporary lawyer-official on a governmental board may, as a practical matter, preclude representation of client before the board. (Rules 1.1; 1.3; 1.11A(b)(3))
QUESTION:
1) Whether Rule 1.11A of the Rules of Professional Conduct precludes a lawyer who has been temporarily appointed to the Board of Tax and Land Appeals from appearing before the Board in a wholly unrelated matter?
2) Whether pending representation in a wholly unrelated matter precludes acceptance by the attorney of the temporary appointment to the Board?
3) If any conflict does exist, whether such conflict may be cured by full disclosure and approval by all parties involved?