🧪 TEST MODE ACTIVE Use test card: 4242 4242 4242 4242
WISBAR 1982

Can a law firm be paid to represent a public education district when one of the firm's lawyers sits on that district's board?

Short answer: The opinion concluded that yes, the firm may represent the district for compensation if the board member makes full disclosure, abstains from the decision to retain the firm, and the firm's duties are not improperly affected by the member's board seat.

Apply this to your situation

This page answers the general question as of 1982. Ezel answers yours: whether it's allowed on your facts, under the current rules of professional conduct in your state, with citations.

Currency note: this opinion is from 1982
Subsequent statutory amendments, court decisions, or later opinions or rule amendments may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.
Disclaimer: Advisory only. Not binding precedent.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official ethics opinion. The original opinion (linked on this page as a PDF) is the authoritative source for any reliance.
View original ethics opinion (PDF)

Plain-English summary

Opinion E-82-15 addressed whether a law firm may perform services for compensation for a local VTAE district when a member of the firm serves on the district's board of directors, where full disclosure of the relationship is made to the board and the firm member who is a director does not participate in the decision to retain the firm. The committee answered yes, under stated conditions.

The committee called attention to SCR 20.23, 20.24, 20.46, and 20.48 as applicable, and noted that the firm member on the board must comply not only with the Code but also with Wis. Stat. secs. 19.45 and 946.13 (1979-80). It concluded the firm may perform the services for compensation provided that: (1) the firm members, including the member on the board, make full disclosure to the VTAE board; (2) that firm member abstains from any part in the decision to retain the firm; and (3) the firm's performance of its duties to the board will in no way be improperly affected by the fact that a firm member is also a board member.

Currency note

This opinion was issued in 1982, before Wisconsin's July 1, 2007 adoption of the revised Rules of Professional Conduct for Attorneys (the state's Ethics 2000 update), and it applies the former Code (SCR 20.23, 20.24, 20.46, 20.48). Conflicts of interest are now governed by SCR 20:1.7 / Model Rule 1.7. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule, deadline, or requirement mentioned here.

Common questions

Q: Could a firm be paid to represent a public board when one of its lawyers sat on that board?

A: Yes, under E-82-15, subject to conditions: full disclosure to the board, the member-director abstaining from the hiring decision, and the firm's duties being unaffected by the dual role.

Q: What additional law applied to the lawyer who sat on the board?

A: The committee noted the board-member lawyer also had to comply with Wis. Stat. secs. 19.45 and 946.13, beyond the Code of Professional Responsibility.

Background and rules framework

The opinion interpreted the former Code's conflict and judgment provisions (SCR 20.23, 20.24, 20.46, 20.48) together with the public-official conflict statutes (Wis. Stat. secs. 19.45, 946.13). Conflicts of interest are now governed by SCR 20:1.7 / Model Rule 1.7.

Citations and references

Rules of Professional Conduct:

  • Wis. SCR 20.23, 20.24, 20.46, 20.48 / Model Rule 1.7 (conflicts and independent judgment) (former Code provisions)

Statutes:

  • Wis. Stat. sec. 19.45 (1979-80) (standards of conduct for public officials)
  • Wis. Stat. sec. 946.13 (1979-80) (private interest in a public contract)

See also

Source

Get today's answer for your situation

You just read a 1982 opinion on this question. Ezel checks the current rules of professional conduct in your state and answers your specific situation, with citations.

Opens in Ezel Pro. Every answer cites the rules it relies on.