In Re Ethics Opinion No. 74-28 , 111 Ariz. 519 ( 1975 )

CAMERON, Chief Justice, joined by LOCKWOOD, Justice,

concurring.

While we concur in the opinion of the majority of this court, we believe something should be said concerning the effect of Canon 9 of the Code of Professional Responsibility of the American Bar Association.

Canon 9 states, “A lawyer should avoid even the appearance of professional impropriety.” This is, of course, a worthy and commendable goal, but that is all it can be —a goal that is often unattainable in the practical world of private law practice. What is professionally improper is frequently in the eye of the beholder and ethical conduct to those outside the legal profession can have the appearance of professional impropriety. When attorneys ethically represent unpopular causes and controversial citizens this often occurs. We think that it should then be emphasized that while we are concerned with avoidance of conduct that would give the appearance of professional impropriety, it is actual unethical conduct which is our primary concern.

Ethical conduct which only incidentally creates the appearance of professional impropriety in the minds of the public should not, absent other factors, be proscribed. To be overly strict in interpreting Canon 9 would prevent an attorney from discharging his responsibility as a citizen to participate in public affairs and hold public office. To deny an attorney this opportunity for public service would not only unnecessarily restrict his rights as a citizen, but would imply that attorneys are exempt from the reasonable demands and responsibilities of citizenship, a result which, we believe, would reflect unfavorably upon the legal profession and be a loss to society.