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MARYLAND STATE BAR ASSOCIATION, INC.
COMMITTEE ON ETHICS
ETHICS DOCKET NO. 1988-07
Representation of Washington Suburban Sanitary Commission where partner is a Commissioner of Maryland National Capital Park & Planning Commission and Prince George's County Planning Board
Your letter indicates that you serve as a Commissioner on the Prince George's County Planning Board and the Maryland National Capital Park & Planning Commission. You state that your firm is interested in performing professional legal services for the Washington Suburban Sanitary Commission. You request an opinion from the Committee as to whether your serving as a Commissioner on either the Planning Board or Planning Commission would prevent your firm from performing legal services for the WSSC.
Rule 1.10 of the Maryland Rules of Professional Conduct would prohibit your firm from representing the WSSC if you are prohibited from such representation. Therefore, your firm would be allowed to represent the WSSC only if your individual representation of the WSSC would be ethically permissible.
As to the question of whether your representation of the WSSC would be ethically permissible, we have assumed for purposes of this opinion that there is no legal connection between the three bodies mentioned in your inquiry. This Committee does not, however, opine on matters of law and we believe that the relationship or lack thereof between these three bodies is a legal question which we will not address, but which we believe must be reviewed carefully by you. We have further assumed that there are no specific in-house ethical rules or guidelines that have been promulgated for representatives or members of any of the bodies involved and would further suggest that you investigate those matters as well.
Your letter does not indicate specifics as to the representation that is anticipated, and for that reason the Committee is unable to render an opinion that would cover each and every possibility of representation. Based upon the assumptions made above, however, it is the opinion of the Committee that there is no per se ethical restriction on your firm's representation of the WSSC. We would, however, caution you to review the applicable law and then apply the Rules of Professional Conduct, specifically, Rule 1.07, Conflict of Interest and 1.11, Successive Government and Private Employment, to your specific situation.
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