Is it a conflict of interest for a lawyer who sits on a county board to also represent the State as a special assistant attorney general in condemnation cases in that county?
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This page answers the general question as of 1984. Ezel answers yours: whether it's allowed on your facts, under the current Illinois Rules of Professional Conduct, with citations.
Plain-English summary
A lawyer in private practice sat on a county board and was also employed part-time as a special assistant attorney general representing the State of Illinois in condemnation proceedings within that same county. The committee was asked whether holding both roles created a conflict of interest.
The committee concluded there is no per se conflict. It considered former Rule 4-101 (preservation of client confidences and secrets), Rule 5-105 (declining employment where another client's interest may impair independent professional judgment), and Rule 8-101 (conduct of lawyers who are public officials), and found none of them would apply where the lawyer was employed to prosecute condemnation against a private landowner for the State's use of land. Only if the county itself were involved would a possible or foreseeable violation arise.
The committee relied on its Opinion 335, which addressed an assistant attorney general accepting private employment in an area wholly unrelated to his public duties. Noting that the Code of Professional Responsibility had replaced the earlier disciplinary rules but worked no substantive change on this point, the committee applied Opinion 335's reasoning: where the work is in areas wholly unrelated to the lawyer's public duties or responsibilities, no actual conflict exists and no possible conflict can reasonably be anticipated.
Currency note
This opinion was issued in January 1984, under the former Illinois Code of Professional Responsibility and before Illinois adopted the 1990 (and later 2010) Rules of Professional Conduct. The ISBA Board of Governors affirmed the opinion in July 2010 as generally consistent with the 2010 Rules (Rules 1.6 and 1.7), while cautioning that the specific standards referenced may differ from the 2010 Rules. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule or requirement mentioned here.
Common questions
Q: Can a county board member also serve as a special assistant attorney general in that county?
A: The opinion concluded yes; the committee found no per se conflict in holding both roles where the lawyer represents the State in condemnation cases against private landowners.
Q: When would a conflict arise?
A: Per the opinion, only if the county itself were involved in the matter; the committee said only then would a possible or foreseeable violation of the applicable rules occur.
Q: What rule did the committee rely on for that conclusion?
A: It followed its earlier Opinion 335: where private or additional employment is in areas wholly unrelated to the lawyer's public duties, no actual conflict exists and none can reasonably be anticipated.
Background and rules framework
The opinion applied former Illinois Code Rule 4-101 (confidences and secrets), Rule 5-105 (declining or withdrawing from employment that may impair independent professional judgment), and Rule 8-101 (lawyers holding public office). The Board's 2010 affirmation maps the analysis to current Illinois Rules of Professional Conduct 1.6 (confidentiality) and 1.7 (concurrent conflicts of interest), corresponding to ABA Model Rules 1.6 and 1.7.
Citations and references
Rules of Professional Conduct:
- Illinois Code Rule 4-101, Rule 5-105, Rule 8-101 (applied in the opinion)
- Illinois RPC 1.6 and 1.7 (2010 equivalents per the Board's affirmation)
- MR 1.6 (confidentiality); MR 1.7 (concurrent conflicts of interest)
Other opinions cited:
- ISBA Opinion 335: an assistant attorney general may accept employment in an area wholly unrelated to his public duties
See also
- ISBA Ethics Op. 86-02: Part-Time Prosecutor in Civil Matters
- ISBA Ethics Op. 86-14: Lawyer on a Board Representing the Organization
- ISBA Ethics Op. 88-05: Lawyer on a Bank Board
Source
- Landing page: https://www.isba.org/ethics/opinions/8403
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