Legal Question in Legal Ethics in New York

An attorney had a private practice with two partners, from which he retired several years ago. After that, he was appointed to a public authority. There is now before the agency's board a proposal to give a grant to a certain company. The law firm representing the company is a firm that the attorney's former partners merged with. It is not 100% clear to me whether the attorney has an active relationship with this firm or not; he might not. My question is, given this relationship, is their an ethical duty for the attorney to disclose the relationship to the board? Or does the fact that he retired from the firm some years ago exempt him from disclosing/recusing himself? Both his former partners are in this new "merged" firm, although I believe a different partner is representing the company.


Asked on 7/17/11, 8:43 pm

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

My question is, given this relationship, is their an ethical duty for the attorney to disclose the relationship to the board?

A. I assume that you mean the relationship between the former attorney who is now on the public authority and the lawfirm that is before the board. The answer would be no. If there is a duty to disclose - and I do not think there is a duty - it would be with the board member (former attorney).

Mike.

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Answered on 7/18/11, 7:27 am


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