| Date: | 02/21/1979 |
|---|---|
| Organization: | State Ethics Commission |
A state employee may receive legal fees for services he performed and completed as a private attorney in a case that was settled prior to his state employment, where the fees are not in connection with a "particular matter" as applied in §4(a). Continued use of the employee's name as part of his former law firm may create a problem of "appearances" under §23 or violate the Code of Professional Responsibility.
You have recently been appointed Chief of a state agency. You ask whether your name may continue to be used as part of the name of your former law firm and whether you may now collect legal fees from a private case settled prior to your becoming a state employee, without violating General Laws Chapter 268A.
With regard to the legal fees, you state that they relate to an automobile personal injury case in which all aspects of the case were settled, except for the processing of the final agreement by the insurance company involved, prior to your state appointment. While legal fees are "compensation" as defined in § 1(a) and they would be received by you from an entity other than the Commonwealth or a state agency, § 4(a) does not preclude you from receiving them in the case you describe. The services were performed by you as a private lawyer prior to your becoming a state employee and not in connection with a "particular matter" as that term is applied in § 4(a). See Attorney General Conflict Opinion No. 104.
The mere fact that your name continues to be used as part of the name of your former law firm does not in and of itself violate Chapter 268A. We cannot now advise you of the propriety or legality of this arrangement since so much depends on the facts and circumstances of each case. For example, even though you state that you will not practice with that firm or be paid any income from it while you are a state employee, the continuing use of your name -- and the possibility that you may return to that firm upon termination of your state employment -- may involve a conflict of interest if, in a particular case, you are deemed to be an "agent" as that term is used in § 4(c), or your firm has a financial interest requiring you to disqualify yourself under § 6. And, clearly, there are circumstances that may create a problem of appearances under § 23.
Further, while we cannot advise you about your obligations under other statutes or the Code of Professional Responsibility, you may wish to review whether the use of your name by a firm with which you are no longer associated creates any liabilities for you or your firm.
End Of Decision
