KBA E-371
Question: If "Lawyer" is an Alderman for the City of Louisville and is also affiliated with Law Firm (a partner, associate, of counsel, or contract lawyer), may other members of Law Firm represent clients before the Louisville and Jefferson County Planning Commission?
Answer: Yes.
References: KBA E-347; Matter of Ethics Opinion No. 74-28,
111 Ariz. 519, 533 P.2d 1154 (1975).
OPINION
It is our understanding that if an alderman is not a member of the
Board of Aldermen's Committee of Zoning/Inspections, Permits, and Licenses,
then the alderman's only responsibility in connection with a request for
a zoning change arises when the Board votes on the legislative adoption
of the Planning Commission's recommendation.
In our opinion, the circumstances presented by this request for an
opinion are distinguishable from those presented in E-347 (member of the
firm is a member of the Zoning Board or Planning Commission). If Lawyer
is not a member of the Board's Committee on Zoning/Inspections, Permits
and Licenses, if Lawyer recuses himself or herself from any vote on a city
ordinance that involves a land use or zoning change sought by a client
of the firm, if Lawyer recuses himself or herself from any vote on the
appointment of any person to the Board of Directors of the Planning Commission
(if members of Law Firm regularly represent clients before that body),
if appropriate conflict control and screening procedures are implemented
by the firm, then members of Law Firm are not disqualified from appearing
on behalf of clients before the Planning Commission or before the Board
of Aldermen (when the Board is reviewing the Planning Commission's recommendation).
By appropriate conflict and screening procedures we have in mind those
set fourth in Matter of Ethics Opinion No. 74-28, 111 Ariz. 519,
533 P.2d 1154 (1975), wherein the court observed:
Members of the firm may appear before city boards and commissions if:
1) the attorney public official refrains from any matters handled by the firm with the members of the board or commission or with employees of the city or members of the city council;
2) there is a separation of accounts so that the attorney public official in no way shares in the fees or other remuneration received by the firm for such appearances, and
Finally we note that Rule 8.3(d) provides that "[i]t is professional
misconduct for a lawyer to: state or imply an ability to influence improperly
a government agency or official; ... ." Accordingly, the firm should
not include any reference to the attorney's public office in its advertising
and promotional literature.
RICHARD H. UNDERWOOD
ETHICS COMMITTEE CHAIR
11/18/94