Adopted June 17, 1995. Syllabus It is improper for an attorney who serves as a member of a Board to represent clients in matters over which the Board has jurisdiction. In most instances, it is likewise improper for the lawyer's firm to accept employment for clients in a quasi-judicial matter over which a Board of which the lawyer is a member has jurisdiction. The Committee recognizes that in some fact-specific circumstances, it may be possible to satisfy the applicable Rules allowing such representation by others in the Board member's firm. A lawyer is a member of a Board that makes regulatory decisions and performs quasi-judicial functions.
Board members serve as public officers.
Staff members make recommendations about issues before the Board, but the Board may or may not have authority to hire, fire or make other personnel decisions regarding such staff. The Board's decisions do not always follow the recommendations of the staff. When representation of multiple clients in a single matter is undertaken, the consultation shall include explanation of the implications of the common representation and the advantages and risks involved. A lawyer who serves on a Board has obligations and responsibilities to that Board, to his or her Board colleagues and to the public. Lawyers who serve on Boards must be mindful of the public's perception of their ability to influence government.