Can a lawyer represent a city council member while also handling matters that may come before the council, and appear before the council on other clients' behalf?

Plain-English summary

A lawyer represented two clients in condemnation matters involving a city's new airport. The same lawyer was asked to represent a newly elected city council member, Mr. B, in a hearing about his residency before the county board of elections. The lawyer asked whether it was ethical to represent Mr. B on the residency question while two matters involving the city were pending that might come before Mr. B as one of six regularly voting council members, whether Mr. B would have to disqualify himself, and whether handling Mr. B's real estate matters would prevent the lawyer from appearing before or contacting the city.

The opinion concluded that it is ethical for a lawyer to represent persons before an elected or appointed governing body following or during representation of a member of that body, so long as the lawyer does not use his relationship with the member to obtain favorable decisions from the body, citing Rule 1.2(d). The opinion added that the lawyer should take care not to suggest, under Rule 1.2(e), that he has the ability to influence the body improperly on account of his representation of the member.

Currency note

This opinion was issued in 1993, before the North Carolina State Bar's adoption of the 2003 revisions to the Rules of Professional Conduct. 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 Treat this page as historical context, not current guidance.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, deadline, or requirement mentioned here.

Common questions

Q: Can a lawyer represent a city council member and also handle matters that may come before the council?

A: The opinion held this is ethical so long as the lawyer does not use the relationship with the member to obtain favorable decisions from the body, citing Rule 1.2(d).

Q: Can the lawyer appear before the council for other clients while representing one of its members?

A: Yes, under the opinion, provided the lawyer does not trade on the relationship and does not suggest an ability to influence the body improperly because of representing the member.

Q: What conduct does the opinion specifically warn against?

A: The opinion held the lawyer must not suggest, under Rule 1.2(e), that he can improperly influence the governing body on account of his representation of the member.

Background and rules framework

The opinion applied North Carolina Rule 1.2(d) and Rule 1.2(e), which addressed a lawyer's use of relationships and implied influence over a governing body (corresponding to Model Rule 8.4(e)'s prohibition on stating or implying an ability to influence improperly a government agency or official). The analysis turns on whether the lawyer exploits or trades on the connection to the council member.

Citations and references

Rules of Professional Conduct:

• MR 8.4 (misconduct; implying ability to influence a government official improperly)
• North Carolina Rule 1.2(d) (not using a relationship to obtain favorable decisions)
• North Carolina Rule 1.2(e) (not suggesting an ability to influence a body improperly)

Statutes:

• N.C. Gen. Stat. §163-282 and §163-57 (voter residency)

See also

• NC Ethics Op. RPC 144: conflict in joint representation
• NC Ethics Op. RPC 153: termination of joint representation; the former client's right to the file

Source

• Landing page: https://www.ncbar.gov/for-lawyers/ethics-and-governing-rules/ethics-opinions/opinions/rpc-143/

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 143 (Second Revision).

Inquiry:

Attorney A represents X, a dairy farmer, whose entire property (including the milking machines but not the cows) is being condemned for a new airport by the city. Attorney A also represents Y, a landowner whose real estate was condemned in 1968 for the express purpose, as stated in the petition, of extending the runway and relocating state highway and public utility lines and other alleged matters of then public convenience and necessity concerning the old airport, which purposes were never undertaken.

The city recently had an election in which none of the incumbent council members who favored the new airport were reelected.

Mr. B who received about 70% of the vote to unseat an incumbent has now been scheduled for a hearing concerning his residency under G.S. §163-282 and G.S. §163-57.

Attorney A has been asked to consider appearing before the county board of elections on behalf of Mr. B.

Is it ethical for Attorney A to represent Mr. B concerning his residency when Attorney A has two legal matters pending involving the city which might come before Mr. B as one of six regularly voting members of the city council? Will Mr. B have to disqualify himself? If Attorney A handles some of Mr. B's real estate matters, can he appear before the city council or otherwise contact the city or its employees?

Opinion:

It is ethical for a lawyer to represent persons before an elected or appointed governing body following or during representation of a member of the governing body so long as the lawyer does not use his relationship to the member of the governing body to obtain favorable decisions from the body. Rule 1.2(d). The lawyer should also take care not to suggest that he has the ability improperly to influence the body on account of his representation of the member. Rule 1.2(e).