Jim Speechley, who was jailed in April ( LGC, 9 April), is free to attend a council meeting this week set up to decide whether he should be disqualified for six months' non-attendance at council meetings.
If Mr Speechley attends the meeting, he will have beaten the six-month rule and the vote will not go ahead.
If he fails to attend, the council will probably vote to extend the six-month period because of Mr Speechley's appeal against his conviction, which is due in October.
Lincolnshire county secretary and solicitor Charlie Adan said she would be advising the council to approve Mr Speechley's continued absence while his appeal was in progress ,'in the light of that expert legal advice'.
Mr Speechley could come face to face with chief executive David Bowles - whose evidence led to the former leader's imprisonment - at Mr Bowles' last council meeting in early September.
Mr Bowles agreed earlier this month to leave his post with a pay-off of around£400,000 ( LGC, 13 August).