Advisory Opinion No. 95-74

Re: Jonathan F. Oster, Esq.

A. QUESTION PRESENTED

Whether an attorney who has an active practice which includes representing clients before and against the Town of Lincoln in both criminal and civil matters, may simultaneously serve as a member of the Town of Lincoln Land Trust.

B. SUMMARY

It is the opinion of the Rhode Island Ethics commission that no violation of the Code of Ethics will arise for Jonathan F. Oster by virtue of the sole fact that he serves on the Town of Lincoln Land Trust while also representing clients as an attorney in matters, both criminal and civil, before and against the Town of Lincoln.

C. DISCUSSION

1. Facts

Mr. Oster is a partner at the law firm of Oster & Sawyer. The firm's practice includes representing clients before and against the Town of Lincoln. For example, they have represented criminal defendants against charges brought by the Lincoln Police; they have represented individuals before the Zoning and Planning Boards and Town Council; and they are currently representing two plaintiffs in civil actions brought against the Town.

The Town Council recently appointed Mr. Oster as a member of Town of Lincoln Land Trust. According to Ordinance No. 92-2, An Ordinance in Amendment of That Ordinance Establishing the Lincoln Land Trust, provided by Mr. Oster, the Trust has the authority to promote the acquisition of real property from consenting land owners situated in Lincoln with the intention of continuing the Town's commitment to the preservation of open space.

2. Analysis

This advisory opinion request presents the question as to whether an attorney who represents clients before and against the Town of Lincoln will violate the Code of Ethics if he simultaneously serves as a member of the Town of Lincoln Land Trust.

It is the opinion of this Commission that the Code of Ethics will allow Attorney Oster to serve as a member of the Town of Lincoln Land Trust. The Commission's conclusion is consistent with past advisory opinions which indicate that there is no inherent conflict between a private attorney who practices in a city or town and simultaneously serves that city or town publicly. See Advisory Opinions Nos. 89-19, 91-24, 91-79 and 94-40. Whether or not a conflict exists is appropriately determined on a case-by-case basis, not simply by the dual status of a public official who also has private employment and/or private financial interests. However Attorney Oster is cautioned and advised that in the event his duality of status impairs his independence of judgment or results in the disclosure of confidential information, he should: (a) notify the Town of Lincoln Land Trust, in writing, of the nature of his interest in any such matter, and (b) recuse from participating in the discussion of or voting on any such matter.

Keywords

Acting as Agent