94 N.J.L.J. 600
July 8, 1971
OPINION 214
Conflict of Interest
Employee of Attorney for Municipal Agency
This Committee was asked to consider the following inquiries:
1. Is it proper for an employee of the attorney for the
planning board to practice before the board of adjustment of the
same municipality?
2. May an attorney member of the board of adjustment practice
before the planning board or other municipal agencies in the same
municipality?
The answer to both inquiries is in the negative. This
Committee has previously stated that it is improper for an attorney
member of the board of adjustment or other municipal agency to
practice before another agencies in the same community. See our
Opinion 64, 87 N.J.L.J. 801 (1964); Opinion 70, 88 N.J.L.J. 161
(1965); Opinion 37, 87 N.J.L.J. 190 (1964); and Opinion 88, 89
N.J.L.J. 49 (1966). The same prohibition is clearly applicable to
attorneys representing such municipal agencies, their partners,
office associates, or those merely sharing office space. Opinion 4,
86 N.J.L.J. 357 (1963); Opinion 15, 86 N.J.L.J. 734 (1963).
The rationale in each instance is based upon our view
that an attorney representing a municipality or any of its agencies
has as his client the entire municipality. Opinion 4, 86 N.J.L.J.
357 (1963). He must, accordingly, avoid all situations that might
reasonably lead the public to conclude that he has used the
influence of his office to serve private interests or which
otherwise cast doubt upon his fidelity to the municipality which he
senses.