Ethics Hotline & Opinions

ETHICS DOCKET NO. 1988-83

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MARYLAND STATE BAR ASSOCIATION, INC.

COMMITTEE ON ETHICS

ETHICS DOCKET NO. 1988-83

Conflicts: Former Associates Who Become Counsel To Government Agency Before Which Former Firm Appears


Your written inquiry states that two of your associates will be leaving your law firm to take positions of general counsel, and associate general counsel, with the Maryland National Capital Park and Planning Commission with which your firm has an active practice and before which your firm appears on a regular basis on behalf of your clients.

You pose the question as to whether or not there are ""any limitations which may constrain their (the two associates') work on matters involving our clients and constrain us in regard to dealing with them in their new capacities.""

Rule 1.11 of the Maryland Rules of Professional Conduct governs successive government and private employment, and vice versa. Subparagraph (c) of Rule 1.11 states that:

(c) Except as law may otherwise expressly permit, a lawyer serving as a public officer or employee shall not: (1) participate in a matter in which the lawyer participated personally and substantially while in private practice or nongovernmental employment, unless under applicable law no one is, or by lawful delegation may be, authorized to act in the lawyer's stead in the matter; or

(2) negotiate for private employment with any person who is involved as a party or as attorney for a party in a matter in which the lawyer is participating personally and substantially. 

The Comments under Rule 1.11 go on to provide that:

Paragraph (c) does not disqualify other lawyers in the agency with which the lawyer in question has become associated.

It is our opinion that the Maryland National Capital Park and Planning Commission is a ""government agency"" within the meaning of Rule 1.11 and your two former associates would be governed by the above-quoted restrictions.


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