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Qualifications and Interest Statements

Minnesota State Bar Association

Policy on
Conflicts of Interest Affecting Bar Association Proceedings
Adopted by the Board of Governors in May 1986.
Affirmed by the Assembly - December 9, 2005

Members of the Minnesota State Bar Association should always be mindful of their dual capacity; no member should permit the interest of a client to lead the member to make or support a proposal which the member would otherwise not favor; to oppose a proposal that the member would otherwise not oppose; or to urge on a section or on a committee or other entity of the Association a position which might help the member's client at the potential expense of the Association's standing and reputation. This is not only a matter of ethical responsibility but is also a matter of enhancing the effectiveness and credibility of the Association.

Comment
There are circumstances in which a member should, in fairness and good conscience, refrain from participating in the Association's development of a particular position or from speaking or voting on that position. Such circumstances exist when the member or the member's firm has been specifically engaged, on a fee basis by a client, to act with respect to the specific subject matter under consideration. In other circumstances the member may not be required to refrain from participating, speaking or voting but should, in fairness and good conscience, make a disclosure of self-interest. Such circumstances exist when the member knows that the interests of a client may be materially affected by the project, but the member has no specific engagement to represent the client with respect to the subject matter. It is recognized, however, that adherence to these standards cannot fully be brought about by rule, but must be left in part to such things as admonition, reminder, example, and tradition. No rule, however well drafted, can be a substitute for either conscience or good judgment. This policy applies to all kinds of Association projects, including comments on proposed or existing legislation, regulations, rulings, or governmental policies. It is the special responsibility of the officers of each section or committee, in staffing a project, to give particular thought to the matter of actual or apparent conflicts of interest, not only to avoid potential criticism, but also to encourage the formulation in the finished product of a balanced view.

This comment shall not serve as a basis for excluding any member from debate on any subject.

- Last Updated 03/30/06 -