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A LAWYER SHOULD NOT LEASE OFFICE AND COURT-ROOM SPACE (IN A BUILDING
OWNED BY AND PARTIALLY OCCUPIED AS AN OFFICE BY THE LAWYER) TO A
COUNTY JUDGE BEFORE WHOM THE LAWYER ACTIVELY PRACTICES. HOWEVER,
A LAWYER MAY LEASE SUCH OFFICE AND COURT-ROOM SPACE TO THE COUNTY,
WHICH IN TURN INTENDS TO MAKE THE SPACE AVAILABLE TO THE COUNTY
JUDGE.
CODE PROVISIONS INTERPRETED:
E.C. 9-6. "Every lawyer owes a solemn
duty...to strive to avoid not only professional impropriety but
also the appearance of impropriety."
Opinions No. 71-4 of the Advisory Committee prohibiting
a lawyer from leasing office space from a County Judge before whom
the lawyer actively practices.
FACTUAL
SITUATION
A practicing lawyer was recently appointed County Judge and he officed
for many years in a bank building which was subsequently sold to
another attorney who now occupies part of the bank building as his
law office and who also purchased the law office assets from the
County Judge. The County Board wishes to lease space in the building
from the lawyer in order to provide office and court-room space
for the County judge.
QUESTION
Is it ethically proper for the lawyer to lease said space to the
County for office and court-room use by the County Judge?
DISCUSSION
The previously cited Opinion 71-4 prohibited direct leasing arrangements
between the lawyer and the County Judge before whom the lawyer actively
practiced. The question presented here is whether the lawyer should
he penalized under E.C. 9-6 to the extent of prohibiting him from
leasing to the County Board for ultimate use by the Judge. Although
the appearance of impropriety must be avoided, we can find no reasonable
basis for prohibiting the lawyer from entering into a real estate
lease transaction with the County Board under these circumstances.
CONCLUSION
The Committee believes that the lawyer should be permitted to enter
into a lease with the County Board for use as an office and court
room for the County Judge.
74-4
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