| Date: | 12/07/1979 |
|---|---|
| Organization: | State Ethics Commission |
| Location: | Boston, MA |
A member of the General Court who is also an attorney in private practice may represent a law client in a lawsuit pending in Superior Court against a state agency that is being represented by the Attorney General’s Office without violating § 4 of the conflict of interest law, but may not personally appear before the Attorney General’s Office to negotiate or advocate on behalf of the client.
You are a member of the General Court. You are also an attorney in private practice. Your client has a lawsuit pending in Superior Court against a state agency (ABC). The ABC is represented in this action by the Attorney General. You ask whether it would violate the conflict of interest law, General Laws Chapter 268A, for you to represent your client in this lawsuit and to negotiate on its behalf with the Attorney General.
You are a state employee but, as a member of the General Court, you are exempt from the prohibitions of s. 4(a) and s. 4(c) by the fifth paragraph of s. 4, as amended by Chapter 210 of the Acts of 1978. Under that paragraph, you are prohibited from receiving compensation other than your legislative salary for personally appearing before any state agency except in connection with ministerial matters, court appearances or quasi-judicial proceedings. You inform us that you expect to be compensated by your client for your services in this matter. To the extent that you will be appearing on behalf of your client before a court of the Commonwealth, your representation in this case will not violate s. 4. However, the negotiations you contemplate with the Attorney General are not ministerial, will not take place before a court of the commonwealth, nor are they a quasi-judicial proceeding as defined in s. 4. Therefore, while you may appear on behalf of your client in the court proceeding, you are prohibited from personally appearing before the Attorney General to negotiate or advocate on behalf of your client. See EC-COI-79-66 and 92.
End of Decision
