Opinion No. (2003)

BILL LOCKYER Attorney General DANIEL G. STONE Deputy Attorney General THE HONORABLE TONY STRICKLAND, MEMBER OF THE STATE ASSEMBLY, has requested an opinion on the following question: May a city council enter into a contract with a law firm, of which a city council member is a partner, to represent the city in a lawsuit if the law firm would receive no fees from the city for the services and would agree to turn over to the city any attorney fees that might be awarded in the litigation? CONCLUSION A city council may not enter into a contract with a law firm, of which a city council member is a partner, to represent the city in a lawsuit even if the law firm would receive no fees from the city for the services and would agree to turn over to the city any attorney fees that might be awarded in the litigation. ANALYSIS Government Code section 1090 1 generally prohibits public officers, while acting in their official capacities, from making contracts in which they are financially interested. We are asked to consider whether this statutory prohibition would preclude a city council from entering into an agreement with a private law firm to represent the city in a specific lawsuit, with…