HomeMy WebLinkAbout80-542 ShirkTO:
FACTS:
ADVICE OF CHIEF COUNSEL
Kenelm L. Shirk, III
Shirk, Reist & Posey
P.O. Box 1552
Lancaster, PA 17603
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
February 22, 1980
RE: Attorney Client Disclosure Requirements
Advice #542
On February 8, 1980 Kenelm L. Shirk, III wrote this
Commission on behalf of the Lancaster County Bar Association
Municipal Law Committee inquiring as to the ramifications of
the attorney client disclosure requirments of the State Ethics
Act as discussed in Lowery, 79 -76.
DISCUSSION:
As a practical matter, the only time clients of a solicitor
will be disclosed where the solicitor has performed legal
services in compliance with the Code of Professional Responsibility
is where the solicitor takes on a new solicitorship and has
received adjusted gross income of $500 or more from clients which
his firm represented before that governmental body. Thus the
matters discussed in 1(a) & 1(b) involving estates, domestic
relations, juvenile law, etc., would not normally be disclosed
unless the litigation is directly involving the governmental body
with which the solicitor /attorney is associated. The threshold
amount for disclosure is $500 adjusted gross income to that
solicitor; thus, if the fees were $5,000 and the partnership
distribution to an attorney /solicitor is $450, no disclosure is
required. As to the question relating to parcing the fee up and
allocating it to governmental work versus non - governmental work,
for administrative convenience this Commission would prefer not
to get involved in the internal accounting practices of a law
firm to that extent. Therefore, allocating fees to escape
reporting is not permitted.
As suggested by the letter, ministerial representation
need not be disclosed. For example, use of the row offices,
essential in the practice of law, does not constitute doing
business with the county, nor would filing a personal property
tax return be considered as non - ministerial representation with
the county. In contrast, litigation over a tax return would be
considered noA- ministerial, so that if an attorney became a
county solicitor he or she would reveal the identity and address
of that client involved in the litigation.
Kenelm L. Shirk, III
February 22, 1980
Page 2
The phrase "doing business within the jurisdiction of the
governmental body" relates to clients whose activities are within
the jurisdictional power of the particular governmental body.
For example, a solicitor who represents a zoning board and a
developer within the jurisdictional power of that zoning board
would disclose the identity and address of the developer to the
zoning board.
Where a law firm or engineering firm is designated as
solicitor or engineer, it is the responsibility of the municipality
to designate the particular individuals who bear the responsibility
of filing a Financial Interest Statement with that governmental
body. If a particular governmental body decides it would be
interesting to receive financial interests forms from every
member of the law firm, that law firm is inviedtoadvisevthe.
Commission immediately in order that it may properly
Although individual circumstances may warrant the designation of
more than one person in a law firm who shall bear the responsibility
of filing a Financial Interest Statement, arbritrary designation
of members of the firm, e.g., all the senior partners, is not
warranted.
The Financial Interest Statements are due May 1, 1980.
CONCLUSION:
The disclosure requirement for attorneys is limited to
those persons who have paid fees for services related to matters
before the governmental body with which that attorney is or
would be associated.
Pursuant to Section 7(9)(ii), this advice is a
complete defense in any enforcement proceeding initiated
by the Commission, and evidence of good faith conduct in
any other civil or criminal proceeding, providing the
requester has disclsoed truthfully all the material facts
and committed the acts complained of in reliance on the
advice given.
Kenelm L. Shirk, III
February 22, 1980
Page 3
A personal appearance before the Commission and a
formal opinion will be issued upon your request if you
feel this reply does not suffice.
This letter is a public record and will be made
available as such.
DRM /rdp -2
VID RITTENHOUSE MORRISON
Chief Counsel