Ethics Hotline & Opinions

ETHICS DOCKET NO. 2000-10

MARYLAND STATE BAR ASSOCIATION, INC.

COMMITTEE ON ETHICS

ETHICS DOCKET NO. 2000-10

Conflict of Interest: County Council Member Representing Criminal Defendants in State and Federal Courts

 

    Your letter raises the question whether an attorney who is a member of a County Council and licensed to practice law in Maryland may represent criminal defendants in State and Federal Courts in Maryland.

Rule 1.7 of the Maryland Rules of Professional Conduct governs conflicts of interests in situations where parties may have divergent interests. Paragraph (b) of the Rule states:

        (b) A lawyer shall not represent a client if the representation of that client may be materially limited by the lawyer's responsibilities to another client or to a third person, or by the lawyer's own interests, unless:

  1. the lawyer reasonably believes the representation will not be adversely affected; an
  2.  the client consents after consultation.

Since you will not represent any criminal defendants with respect to matters which will come before the County Council, you are not likely to be in a position where your representation could be materially limited by your responsibilities to another client or to a third person (the County Council) or by your own interests. Accordingly, the Committee believes you would not be prohibited from representing criminal defendants in State and Federal Courts in Maryland while you serve on the County Council so long as you do not represent any criminal defendant who is charged with violating a law passed by the County Council during the period of your service on the Council. See Ethics Docket 98-32, where the Committee considered a similar question and reached the same conclusion.

The Committee opines only on matters covered by the Maryland Rules of Professional Conduct governing the conduct of attorneys licensed or practicing in Maryland. The Committee encourages you to inquire whether the representation you plan to undertake is also governed by any state or local government ethics rules.


References: Ethics Docket 98-32

 

DISCLAIMER: Opinions of the Maryland State Bar Association (MSBA) Ethics Committee are an uncompensated service of the MSBA. This Committee’s opinions are not binding on the Maryland Court of Appeals, Maryland Attorney Grievance Commission, MSBA or this Committee. The reader is advised that subsequent judicial opinions, revisions to the rules of professional conduct, and future opinions of this Committee may render the Opinions stated herein outdated. As such, the Committee’s opinions are advisory only and neither the Committee nor the MSBA assumes any liability whatsoever with respect thereto. Accordingly, reliance upon the opinions of this Committee is solely at the risk of the user.