Opinion 232
Question Presented
After a lawyer's appointment to the Texas State Highway Commission the Attorney General of Texas filed a suit for the state against a former client of this lawyer, for conspiracy to violate the state's Motor Carrier Act. The Department of Public Safety is the state agency charged with the responsibility of enforcing the Motor Carrier Act. The Texas State Highway Commission has no jurisdiction over the Department of Public Safety and has no responsibility in connection with the administration of the Motor Carrier Act.
Since the violation allegedly occurred upon the state's highway, and the lawyer does represent the state as a member of the Highway Commission, would it violate the Canons of Ethics for the lawyer to defend its former client in this suit?
18 Baylor L. Rev. 313 (1966)
CONFLICTS OF INTERESTS - EMPLOYMENT- PRIVATE PRACTICE BY MEMBER OF TEXAS STATE HIGHWAY COMMISSION
A lawyer who is a member of the Texas Highway Commission may defend his former client in a suit filed by the state against the former client for conspiracy to violate the Motor Carrier Act.
Canon 6.
It is the unanimous opinion of the committee that the attorney would not violate any of the Canons of Ethics if he represented his former client in this suit. There is no apparent conflict of interests between his position as a member of the Texas State Highway Commission and as attorney for his client. (7-0.)
Bluebook Citation
Tex. Comm. On Professional Ethics, Op. 232 (1959)