1973, February, Pg. 20. Ethics.

2 Colo.Law. 20

The Colorado Lawyer

1973.

1973, February, Pg. 20.

Ethics

20Vol. 2, No. 4, Pg. 20EthicsOpinions 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.Informal Opinion: 10/10/72Topic: Office sharing with County Attorney

Digest: It would be inappropriate for an attorney to appear before the Board of County Commissioners if he shares an office with a County Attorney.

FactsA law firm rents office space to the County Attorney, but does not share fees with that attorney. The County Attorney has his own stationery and writes a check to the firm monthly in payment of jointly shared items such as rent, telephone and secretaries.

OpinionThe facts raise two problems. First, the situation gives rise to the appearance of impropriety, which should be avoided by all attorneys and especially by those serving the public (see Opinion No. 48 and Canon 9 of the Code of Professional Responsibility). Secondly, the problems involved in sharing secretaries and file room space create a situation where confidential matters could be inadvertently disclosed to an opposing party. Moreover, the financial arrangement between the firm's office and the County Attorney creates a potential for leverage over the County Attorney in cases where, for example, he falls behind on his monthly payments. Hypothetically, the office arrangement could also result in favorable allocation of office expenses in return for favors granted.

The above problems are not susceptible of being solved by having the County Attorney "disqualify himself" from those cases where the firm appears before the Board. In addition to the difficulties in arranging for such disqualification, the Committee believes that general advice and recommendations given by the County Attorney to the Board of County Commissioners would render such disqualification ineffective. For example, the County Attorney might have opined as to the legality of a zoning ordinance which the interests of the firm's client might require the firm to challenge. In that case, the County Attorney should be available to defend his opinion or modify it as the case may be.

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