Ethics Committee Formal Opinion #1988/9-8
Conflict of Interest: Lawyer-Official/Lawyer-Legislator Appearing Before Certain Agencies/Forums
December 8, 1988
ANNOTATIONS:
An actively practicing lawyer who is a member of the legislature must comply with Rule 1.11A, and carefully analyze on a case-specific basis the potential for conflict, before appearing before administrative agencies or judicial bodies. (Rule 1.11A)
A lawyer-official with a significant position on a standing committee with significant regulatory authority over a particular agency or judicial body may be precluded from representing clients before that agency or body unless the attorney absents himself or herself from legislative deliberations with respect to that body. (Rules 1.11A(b)(1); 1.11A(b)(2); 1.11A(b)(3); 1.11A(b)(5))
QUESTION:
May an attorney who is a member of the New Hampshire legislature appear before administrative agencies or judicial forums, the salaries of whose members are set by the legislature?