Can one assistant attorney general represent a state hospital's patients in Medicaid appeals against a state agency that another assistant attorney general represents?

Plain-English summary

N.C. Memorial Hospital was represented by a member of the Attorney General's staff who was assigned to the administrative section but physically located at the hospital. That attorney wanted to pursue appeals of Medicaid-assistance denials on behalf of the hospital's patients, brought in the patients' names under agreements naming the hospital as their attorney in fact. The appeals would run against the Department of Human Resources, represented by another staff attorney who was located in Raleigh but assigned to the same section; neither attorney had access to the other's files. The inquiry asked whether the hospital attorney could handle the appeals, and whether assignment to a different section would change the answer.

The opinion concluded that the hospital attorney may represent the patients in the Medicaid appeals provided there is no sharing of confidential information between the hospital attorney and the DHR attorney. Rule 5.11 imputes one attorney's disqualification to others in the same "firm," but the term is not clearly defined; although the comment suggests a broad reading at least in some situations, the opinion concluded it would be impractical to apply a broad reading to government attorneys.

Currency note

This opinion was issued in 1989, before the North Carolina State Bar's adoption of the 2003 revisions to the Rules of Professional Conduct. The provision it applies (Rule 5.11, imputed disqualification) has since been renumbered and revised (the corresponding Model Rule is 1.10). Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule, deadline, or requirement mentioned here.

Common questions

Q: Could the hospital attorney pursue appeals against an agency represented by another AG staff attorney?

A: Yes, conditionally. The opinion concluded the hospital attorney may handle the appeals provided no confidential information is shared with the agency's attorney.

Q: Why doesn't imputed disqualification bar this?

A: The opinion concluded that applying the imputation rule's broad reading of "firm" to government attorneys would be impractical, so the AG's office is not treated as one firm for this purpose.

Q: Did it matter which section the hospital attorney was assigned to?

A: The opinion's reasoning turned on the absence of shared confidences rather than section assignment, declining to apply a broad firm reading to government attorneys.

Background and rules framework

The opinion applied North Carolina Rule 5.11, the imputed-disqualification rule (corresponding to Model Rule 1.10). The analysis turned on the rule's undefined term "firm": rather than read it broadly to sweep the entire Attorney General's office into a single disqualifying unit, the opinion treated screening from shared confidences as sufficient for government attorneys on opposite sides of a matter.

Citations and references

Rules of Professional Conduct:

• North Carolina Rule 5.11 (imputed disqualification)
• MR 1.10 (imputation of conflicts)

See also

• NC Ethics Op. RPC 65: representation of codefendants by the public defender
• NC Ethics Op. RPC 131: representation of county while suing department of social services

Source

• Landing page: https://www.ncbar.gov/for-lawyers/ethics-and-governing-rules/ethics-opinions/opinions/rpc-55/

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

Inquiry:

The N. C. Memorial Hospital is represented by a member of the Attorney General's staff. This attorney is assigned to the administrative section of the Attorney General's office, but is physically located at the hospital. The hospital attorney would like to pursue appeals of denials of Medicaid assistance on behalf of the hospital's patients. These appeals would be brought in the patients' names pursuant to agreements naming the hospital as the patients' attorney in fact.

The Medicaid appeals would be brought against the Department of Human Resources, which is represented by another member of the Attorney General's staff. The DHR attorney is physically located in Raleigh but is assigned to the same section of the Attorney General's office as the hospital attorney. Neither the DHR attorney nor the hospital attorney has access to the other's files.

May the hospital attorney handle the Medicaid appeals? Would the answer be different if the hospital attorney was assigned to a different section within the Attorney General's office?

Opinion:

The hospital attorney may represent the patients in Medicaid appeals, provided that there is no sharing of confidential information between the hospital attorney and the DHR attorney. Rule 5.11 imputes the disqualification of one attorney to other attorneys within the same law "firm." The term "firm" is not clearly defined within the rule. Although the comment suggests that the term should be read broadly, at least in some situations, it would be impractical to apply a broad reading of the term to government attorneys.