1972, August, Pg. 19. ETHICS.

1 Colo.Law. 19

Colorado Lawyer

1972.

1972, August, Pg. 19.

ETHICS

19Vol. 1, No. 10, Pg. 19ETHICSOpinions of the Ethics Committee of the Colorado Bar Association are published here for the information of the members of the Association. Formal opinions are given on matters of general and continuing interest to the Bar. Informal opinions are given in response to specific inquiry.Opinion No. 48 Adopted June 3, 1972SyllabusAn attorney (or a member of his firm, "his firm") by representing a public or quasi-public body assumes certain responsibilities of a public or quasi-public official and thus having the same ethical responsibilities as a public official may not represent a client where such representation results in a conflict of interest or the appearance of impropriety. For example, a county attorney (or his firm) may not represent an applicant for a liquor license or a subdivider presenting a subdivision plat or represent a client in other matters before the Board of County Commissioners. Similarly, his firm may not represent a property owner through whose land the county wishes to acquire a road easement, or a property owner who contemplates presenting a petition for platting or otherwise affecting the subdivision of land as to which said attorney or firm contemplates the writing of title opinions or title insurance policies on the subdivided land on behalf of the subdivider. An attorney or his firm may not act as counsel for a Special Improvement District as well as represent an employee in presenting a claim for workman's compensation benefits against the District. It makes no difference that the third-party client of said attorney or firm is a private, public, or quasi-public person or entity.

The reference to specific examples made throughout this opinion is for the purpose of illustration only and is not to be considered exclusive.

FactsA County Attorney (or his firm) represents an applicant for a liquor license or a subdivider in presenting a subdivision plat or in other matters before the Board of County Commissioners. A County Attorney (or his firm) represents a property owner through whose land the county wishes to acquire a road easement, or a property owner who contemplates presenting a petition for platting or otherwise affecting the subdivision of land as to which said attorney or firm contemplates the writing of title opinions or title insurance policies on the subdivided land on behalf of the subdivider. An attorney (or his firm) for a Special Improvement District represents an employee of such a district in presenting a claim for workman's compensation benefits against the district.

OpinionIn Opinion No. 46 adopted February 20, 1971, we opined that a lawyer employed as a municipal attorney may not ethically represent a defendant charged with a crime occurring within the municipality, or in a criminal case where an employee of the municipality will appear as a witness, or represent a party in any litigation wherein such attorney may be required to take a position which could adversely affect the validity of any law or ordinance governing

20the municipality. We stated there as follows:"A lawyer cannot ethically represent conflicting interests, and he must carefully avoid the appearance of professional impropriety. Additionally, an attorney who holds public office, whether on a full-time or part-time basis, should never engage in activities in which his personal or professional interests may forseeably be in conflict with his official duties."

In Opinions Nos. 13, 14, 18 and 46 we pointed out that attorneys who were serving as public or quasi-public officials should scrupulously avoid all conduct which might lead the public to conclude that the lawyer is utilizing his position to promote the interests of his private clients. In Opinion No. 13 we concluded that it was improper for a municipal judge and a city attorney to share law office space and also engage in private law practice. In Opinion No. 14 it was deemed improper for an...