If a lawyer is the attorney for a municipal utilities authority, can he, his partner, or his associate appear before other municipal agencies of the same town, or represent other agencies of that town?

Plain-English summary

The inquirer was about to begin a course of study likely to lead to his appointment by a municipality as the attorney for its municipal utilities authority, and posed two questions. First, if appointed, could he, his partner, or his associate thereafter appear before the various municipal agencies of the same municipality on behalf of private clients? The Committee answered that inquiry in the negative, citing its Opinions 52, 79, 82, 98, and 123.

Second, could he, his partner, or his associate be employed to represent other municipal agencies of the same municipality while he served as attorney for the municipal utilities authority? The Committee answered through its earlier Opinion 67, in which it had said that a municipal attorney cannot serve as attorney for any board or agency of the same municipality if there is or may be a conflict of interest in a particular situation, while expressing no opinion as to whether the two representations are inherently incompatible.

Currency note

This opinion was issued on September 2, 1971, before New Jersey's September 13, 1971 adoption of the Disciplinary Rules (Code of Professional Responsibility), so the Committee was applying the Canons of Professional Ethics and its own prior opinions. It also predates the 1984 Rules of Professional Conduct and all later revisions. The government-conflict principles it applied are now treated under RPC 1.7 and RPC 1.11. Treat this page as historical context, not current guidance.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 the utilities-authority attorney's firm appear before other town agencies for private clients?

A: No. The Committee answered in the negative as to the attorney, his partner, and his associate appearing before the various municipal agencies of the same municipality.

Q: Can he also represent another agency of the same town?

A: Only where there is no conflict. The Committee, relying on Opinion 67, said a municipal attorney cannot serve another board or agency of the same municipality if there is or may be a conflict of interest in a particular situation.

Q: Did the Committee say the two roles are always incompatible?

A: No. It expressly stated that it expressed no opinion as to whether the representations are incompatible, tying the bar to whether a conflict is or may be present.

Background and rules framework

The opinion applied the Committee's municipal-conflict line of authority to a lawyer serving as attorney for a municipal utilities authority, barring appearances before the town's other agencies and conditioning service to another agency on the absence of a conflict. In current New Jersey terms the analysis falls under RPC 1.7 and RPC 1.11.

Citations and references

Other opinions cited:

• NJ ACPE Opinions 52, 87 N.J.L.J. 610 (1964); 79, 88 N.J.L.J. 460 (1965); 82, 88 N.J.L.J. 581 (1965); 98, 89 N.J.L.J. 641 (1966); 123, 91 N.J.L.J. 97 (1968)
• NJ ACPE Opinion 67, 88 N.J.L.J. 81 (1965)

See also

• NJ ACPE Op. 214: Lawyers Tied to a Municipal Agency Practicing Before Other Agencies
• NJ ACPE Op. 292: Attorney for a Fire District in Municipal Practice
• NJ ACPE Op. 294: Former Attorney of a Public Body Representing Private Clients

Source

• Full text (Justia mirror): https://law.justia.com/cases/new-jersey/advisory-committee-on-professional-ethics/2004/acp217-1.html
• Issuing authority: New Jersey Supreme Court Advisory Committee on Professional Ethics, via the NJ Courts Supreme Court Committees page

Original opinion text

Reproduced from a full-text mirror of the official opinion for research purposes. The linked official source controls.

94 N.J.L.J. 801, September 2, 1971

OPINION 217

Conflict of Interest Municipal Utilities Authority Attorney

The inquirer is about to engage in a course of study which will very likely lead to his being appointed by a municipality as the attorney for its municipal utility authority, and he has made these two inquiries.

1. If appointed may he, his partner or his associate thereafter appear before the various municipal agencies of the same municipality on behalf of private clients? This inquiry is answered in the negative. See our Opinions 52, 87 N.J.L.J. 610 (1964); 79, 88 N.J.L.J. 460 (1965); 82, 88 N.J.L.J. 581 (1965); 98, 89 N.J.L.J. 641 (1966); 123, point #3, 91 N.J.L.J. 97 (1968).

2. May he, his partner or his associate be employed to represent other municipal agencies of the same municipality while he is employed as attorney for the municipal utilities authority? This inquiry has been previously answered by our Opinion 67, 88 N.J.L.J. 81 (1965), in which we said, "In our opinion, a municipal attorney cannot serve as attorney for any board or agency of the same municipality if there is or may be a conflict of interest in a particular situation. We express no opinion as to whether the representations are incompatible."