| Date: | 05/15/1979 |
|---|---|
| Organization: | State Ethics Commission |
A state employee may not continue to represent clients in criminal cases since the state is a party to the criminal proceedings. §4(c)
- This page, EC-COI-79-72, is offered by
- State Ethics Commission
Opinion
Opinion EC-COI-79-72
Table of Contents
Facts
You are now a full-time state employee. Prior to 1979, you were engaged in the private practice of law. You are counsel of record, and have been paid to represent clients, in three criminal cases pending in the courts of the Commonwealth.
Question
You ask whether you may continue to represent these clients without violating the conflict of interest law, General Laws Chapter 268A.
Discussion
Section 4(c) prohibits a state employee from acting as agent or attorney for anyone other than the Commonwealth or a state agency in relation to any particular matter in which the Commonwealth is a party. Since the Commonwealth is a party to a criminal proceeding, you may not continue to represent these clients without violating § 4(c). The Commission declines to advise you about the propriety of your continuing in the general practice of law now that you are a state employee, since you have not furnished us with any specific information about the nature of your practice. If a particular factual situation arises which raises a conflict issue, you may seek an opinion from us at that time.
End Of Decision