Can a law firm represent a county when one of its partners has just been elected to the county board of commissioners?

Plain-English summary

Lawyer L was a partner in a firm whose other members represented County C in several matters, with more county work expected. Lawyer L was then elected to County C's board of commissioners, and the inquiry asked whether members of the firm could still represent the county.

The opinion concluded that they could. Where an attorney, or an employee of that attorney, serves as a member of a county or municipal governing board, a state or federal legislative body, or any entity or committee thereunder, it is not unethical for a partner, associate, or law firm of that attorney to represent the board, body, or entity, provided that the selection of the firm is made with full disclosure of the relationship with the attorney board member, that the attorney board member takes no part in the selection of the firm for the representation, and that the engagement is otherwise lawful. The opinion referenced, as an example, the prohibition and exceptions in G.S. §14-234, and overruled CPR 290 to the extent it conflicts with this opinion.

Currency note

This opinion was issued in 1992, before the North Carolina State Bar's adoption of the 2003 revisions to the Rules of Professional Conduct. The opinion itself overruled the earlier CPR 290 to the extent of any conflict. Subsequent rule amendments, statutory changes, or later opinions may have further changed the analysis. Treat this page as historical context, not current guidance. Verify against current rules and statutes before relying on any specific requirement mentioned here.

Common questions

Q: Can a partner's firm keep representing a county after the partner joins the county board?

A: Yes, on conditions. The opinion held it is not unethical, provided the firm's selection is fully disclosed, the board-member attorney takes no part in selecting the firm, and the engagement is otherwise lawful.

Q: What must happen with the selection of the firm?

A: The opinion held the selection must be made with full disclosure of the relationship, and the attorney board member must take no part in choosing the firm for the representation.

Q: Does this overrule any prior guidance?

A: Yes. The opinion overruled CPR 290 to the extent it conflicts with this opinion and pointed to G.S. §14-234 for the relevant statutory prohibition and exceptions.

Background and rules framework

The opinion addressed the conflict and public-official concerns that arise when a government board is represented by the firm of one of its own members (the concurrent-conflict principles reflected in Model Rule 1.7). It tied the permission to procedural safeguards, full disclosure and the board member's abstention from the selection, and to the statutory framework of G.S. §14-234, while overruling the conflicting portion of CPR 290.

Citations and references

Rules of Professional Conduct:

• MR 1.7 (conflict of interest; public official and firm representation)

Statutes:

• N.C. Gen. Stat. §14-234 (prohibition and exceptions on public officers benefiting from public contracts)

Other opinions cited:

• North Carolina CPR 290 (overruled to the extent it conflicts with this opinion)

See also

• NC Ethics Op. RPC 131: representing the county while suing its department of social services
• NC Ethics Op. RPC 143: city council member as client

Source

• Landing page: https://www.ncbar.gov/for-lawyers/ethics-and-governing-rules/ethics-opinions/opinions/rpc-130/

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

Editor's Note: This opinion was originally published as RPC 130 (Revised).

Inquiry:

Lawyer L is a partner in Law Firm A, B & L. Other members of Law Firm A, B & L currently represent County C in several matters. Law Firm A, B & L expects to be employed by County C in regard to several other matters in the near future. Lawyer L has just been elected to County C's board of commissioners. In light of Lawyer L's new political office, can members of Law Firm A, B & L represent County C?

Opinion:

Yes. If an attorney or an employee of that attorney serves as a member of a county or municipal governing board, or state or federal legislative body or any entity thereunder, or committee thereof, it shall not be unethical for a partner, associate, or law firm of that attorney to represent such governing board, body, or entity provided the selection of the partner, associate, or law firm of that attorney is made with full disclosure of the relationship with the attorney board member and provided further that the attorney board member takes no part in the selection of the partner, associate, or law firm of that attorney for the representation of the governing board, body, or entity and the engagement is otherwise lawful. Reference is made, for example, to the prohibition and the exceptions thereto in G.S. §14-234. CPR 290 is overruled to the extent that it conflicts with this opinion.