Some lawyers abuse or misrepresent the lawyer-client privilege and
client confidentiality to protect their own unethical conduct. But no
one does it better than elected government
officials who also happen to be lawyers, and have the ability to draft ethics laws.
Here's an interesting dual position question, that is, a question
involving one individual holding two government positions. The most
important
conflict involved in dual positions is that you cannot consistently
fulfill
your fiduciary obligations to one constituency while fulfilling your
obligations to the other. See my blog post on state-local
dual positions for a discussion of more...
A NC Local
Government Blog post yesterday made me aware that there have
recently been some very public conflict of interest issues involving
North Carolina's alcoholic beverage control (ABC) system, the state
liquor sales program, which allows
each city and county to have a local alcoholic beverage control board
and employees (163 boards in all).
Yesterday, the California Supreme Court published its
decision relating to the conflict of interest charges against five
members of San Diego's pension board, which I discussed a couple months
ago in a
blog post.
The Citizens
United
decision from the Supreme Court this week says that, for the
purpose of First Amendment free speech rights in a political context,
corporations are persons. Until now, they were considered fictional
persons, since they lack such things as arms, brains, and the right to
vote.
Will the majority's conclusions affect conflicts of interest law?
Here's a...
According to a
January 15 memorandum, a week from today the Dallas city council
will be considering an amendment to the city's ethics
code, which would exclude municipal management district (MMD) board
members from the ethics code (it has already been approved by the council's...