| Date: | 04/22/1980 |
|---|---|
| Organization: | State Ethics Commission |
A former member of the General Court may represent a client before the Industrial Accident Board in connection with a claim against the Commonwealth since he states that he had no involvement with the matter while a member of the General Court.
You are a former member of the General Court whose period of services ended in 1978. You presently are engaged in the private practice of law.
You ask whether you may, consistent with General Laws Chapter 268A, represent a client before the Industrial Accident Board in connection with a claim that person has against the Commonwealth.
In rendering this opinion, the Commission has relied solely on the facts as you have stated them and has not conducted its own independent investigation of those facts. As a former state employee you are subject to the prohibitions of § 5(a). That section prohibits you from forever acting as attorney for, or receiving compensation from, anyone other than the Commonwealth or a state agency in connection with a particular matter in which the Commonwealth or a state agency is a party or has a direct and substantial interest and in which you participated. In the situation you have presented, you would be acting as attorney for (as well as presumably receiving compensation from) someone other than the Commonwealth.
The Industrial Accident Board is a state agency as defined in § 1(p). A proceeding before the Industrial Accident Board is a "particular matter" as defined in § 1(k). Since the claim which is the basis of the proceeding is against the Commonwealth, the Commonwealth is a party to the proceeding. However, since you have stated that as a member of the General Court you had no involvement with the matter which will be before the Industrial Accident Board, you are not now precluded from appearing before the Board on behalf of your client.
End Of Decision
