Ethics Opinions
Iowa Supreme Court Board of Professional Ethics and Conduct




Date of Opinion: 03/15/2004

Opinion Number: 04-05

Title: CONFLICTS: REPRESENTATION OF RESPONDENT IN A DISCIPLINARY PROCEEDING BY THE PARTNER OF A MEMBER OF THE ETHICS BOARD

Opinion: The lawyer/respondent in a disciplinary proceeding has asked you to represent him in a complaint by the Iowa Supreme Court Board of Professional Ethics and Conduct to the Grievance Commission. Your partner served on the Board of Professional Ethics and Conduct.

Iowa Supreme Court Rule 35.2(2) provides in part:

Although you are not a member of either the Board of Professional Ethics and Conduct, nor the Grievance Commission, your partner currently serves on the Board. DR 5-105(E) of the Iowa Code of Professional Responsibility for Lawyers provides:

Your partner, who serves on the Board of Professional Ethics and Conduct, could not accept employment to represent the respondent in a disciplinary proceeding and thus, neither can you.