LEO: Conflict of Interests - Part-Time  LE Op. 665

 

Conflict of Interests - Part-Time Commonwealth's, City or County

Attorney - Private Practice - Familial Relationships - Spouse.

 

March 15, 1985

 

It would be improper for the spouse and law partner of a part-time

commonwealth's, city or county attorney to accept employment in a real

estate transaction for which the approval of a subdivision plat by an

official of the locality is required if in the course of securing such

approval it was necessary for the part-time commonwealth's, city or county

attorney to render advice. Similarly, it would be improper for said

attorney to request a change in the conditions of plat approval if such

change would require advice from the part-time commonwealth's, city or

county attorney. In situations where a part-time commonwealth's, city or

county attorney is not called upon to render advice, it would be proper

for the spouse and law partner of the part-time commonwealth's, city or

county attorney to proceed with representation provided there is full

disclosure to the client concerning the relationship with the part-time

commonwealth's, city or county attorney and, further, provided that there

is no interest which would impair the independent professional judgment of

the spouse and law partner of the part-time commonwealth's, city or county

attorney.

 

Committee Opinion March 15, 1985