Ethics Committee Advisory Opinion #1987/8-7

January 12, 1988

ANNOTATIONS:

A lawyer, also an alternate member of a zoning board of adjustment, may not appear before that same board, but may represent clients before other town boards.  (Rule 1.11A)

Upon registration as a ZBA alternate member, an attorney has to observe those standards set forth in Rule 1.11, including non-participation in matter where the attorney participated or has obtained confidential information.  (Rule 1.11)

QUESTION:

  1. May the inquiring attorney appear before the zoning board of adjustment (of which the attorney is an alternate member)?
  2. May the inquiring attorney represent clients before other town boards?
  3. After resignation as an alternate member of the zoning board of adjustment, how long must the inquiring attorney wait before representing clients with respect to zoning board of adjustment matters?

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