Ethics Opinion 259

Ethics Opinion 259

9.15.1972

By Committee on Professional Ethics

NEW YORK STATE BAR ASSOCIATION

Committee on Professional Ethics

Opinion #259 – 09/15/1972 (41-72)

Topic: Attorney-Legislator; Conflict of Interest
Digest: Improper for attorney, who is a county legislator to represent health clinic partially funded by the county
Code: EC 8-8; EC 9-6; DR 5-101(A); 5-105(A); 5-105(B)

QUESTION

May an attorney who is a member of a county legislature act as attorney for a health clinic which is partially funded by the county?

OPINION

For the reasons set forth in N.Y. State 209 (1971), it is improper for a county legislator to act as attorney for a health clinic which is partially funded by the county where his duties to act on behalf of his client may foreseeably be in conflict with his duties as a legislator. See also, EC 8-8; EC 9-6; DR 5-101(A); DR 5-105(A); DR 5-105(B).