Case Details

Issues

Conflict Of Interest, Control Of Litigation

Filing State

AR

Court

Arkansas Court of Appeals

Year

2003

Citation

Holloway v. Ark. State Bd. of Architects, 86 S.W.3d 391 (Ark. Ct. App. 2002), aff’d in part and rev’d in part, Holloway v. Ark. State Bd. of Architects, 101 S.W.3d 805 (Ark. 2003)

Resolution

Engineer was accused of practicing as an architect sought disqualification of the attorney general because he represented both the State Board of Architects and the State Board of Registration dfor Professional Engineers.

Case Description

In holding that the attorney general did not need to be disqualified, the court stated, “The Model Rules of Professional Conduct contain no specific exemptions for the Attorney General and his assistants. Therefore, as a lawyer and officer of the court, the Attorney General is subject to the Model Rules of Professional Conduct. . . There is, however, a need for adaptation of the ethics rules in the Model Rules to the Attorney General and his staff in recognition of the uniqueness of the office, the Attorney General’s obligation to protect the public interest, and the Attorney General’s statutory obligation to represent the various and sometimes conflicting interests of numerous state agencies.”