HomeMy WebLinkAbout86-628 BellGeorge T. Rell, Esquire
Ro(1 North Third Street
Harrishurg, PA 17102
Dear Mr.. R e l l :
Msihne Address:
STATE ETHICS COMMISSION
P.O. BOX 11470
HARRISBURG, PA 17108
TELEPHONE: (717) 783 -1610
Novemher 1R, 1985
ADVICE OF COUNSEL
•
36 -628
Re: Attorney, Pennsylvania Department of Revenue, Representation, ,sec. 3(e),
This responds to your letter of Novemher 4, 1986, in which you requested
advice from the State Ethics Commission.
Issue: You have requested advice regarding the permissihlo scope of your
practice of law upon termination of your employment with the Pennsylvania
nepartment of Revenue.
Facts: You advise that you have recently terminated your position as the
Chief Counsel for the Pennsylvania Department of Revenue. You had served in
that position from April 19, 1983 until Novemher of 1986. in this position,
you had frequent contact with various individuals from a number of departments
and state agencies in the Commonwealth of Pennsylvania. Upon the termination
of your position with the Commonwealth of Pennsylvania you hecame associated
with a law firm in the Harrishurg area. You have requested the advice of the
State Ethics Commission particularly in relation to what, if any, limitations
are placed upon you within the purview of the State Ethics Act in your future
dealings with the Commonwealth of Pennsylvania, including the Pennsylvania
Department of Revenue.
You are prohahly aware of the case entitled Pennsylvania Puhlic Iltilit<
Rar Association v. Thornburgh, 434 A.2d 1327, 62 Pa. Cmwlth. 88 1981 ,
affirmed per curiam 450 A.2d 613, 498 Pa. 589 `,1982) which deals with the
applicahility of Section 3(e) of the Ethics Act. t attorneys in the regulation
of their practice of law. However, you seek c rarification of the question of
the applicahility of the Ethics Act to four situation and any restrictions
that might he placed upon your conduct with respect to your practice of law
and in your new employment.
State Ethics Commission • n08 Financl Building • Harrisburg, Pennsylvania
George T. Bell, Esquire
November 18, 1986
Page 2
Discussion: In light of the decision in Pennsylvania Public Utility
Commission Bar Association, supra, where the Court held that Section 3(e) of
the Ethics Act, 65 P.S.4O3(e), was an impermissible intrusion upon the
Supreme Court's authority to regulate an attorney's conduct, the State Ethics
Commission has applied this decision to mean that there are no prohibitions
under Section 3(e) of the Ethics Act upon your conduct insofar as that conduct
constitutes the practice of law.
Therefore, insofar as your conduct before the Pennsylvania Department of
Revenue, hereinafter the Department, would constitute the practice of law,
Section 3(e) of the Ethics Act cannot be applied to restrict that proposed
activity.
If, however, the activities that you intend to undertake before the
Department--the governmental body with which you have been associated while
employed by the Commonwealth do not constitute the "practice of law" the
prohibitions of Section 3(e) of the Ethics Act might be applicable.
Act °ivitias which might be' considered, by the Commission, not to constitute the
"pra&.tic;e of law" or to be undertaken in the capacity as lawyer - client, might
i ncic d. ctivities such as lobbying and negotiating on contracts.
Ir ,any event, you should be advised that your activity, even if Section
3(c ) o+ tLe Ethics Act were to be applicable, would not regulate your conduct,
except w't+ respect to the Department -- the "governmental body" with which you
are ''associated" while employed by the Commonwealth. Therefore, any
representation which you might undertake with respect to a client or employer
before any entity other than the Department would not be restricted by Section
3(e) of the Ethics Act in any event.
6 ncius;.-r.: Section 3(e) of the Ethics Act does not restrict your
repr°estintation or your activities, as outlined above, insofar as those
activities constitute the practice of law.
Pursuant to Section 7u;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 crimi i:al proceeding, providing the requestor has
disclosed truthfully all the material facts and committed the acts complained
of in reliance on the Advice given.
This letter is a public record and will be made available as such.
George T. Bell, Esquire
November 18, 1986
Page 3
Finally, if you disagree with this Advice or if you have any reason to
challenge same, you may request that the full Commission review this Advice. A
personal appearance before the Commission will be scheduled and a formal
Opinion from the Commission will be issued. Any such appeal must be made, in
writing, to the Commission within 15 days of service of this Advice pursuant
to 51 Pa. Code 2.12.
Since ely,
./2Z
ohn J onti no
Ge al Counsel