My law partner is one of four partners in a real estate partnership that wants to sue an insurance company, and my law partner won't be a witness. Can I represent the real estate partnership?
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This page answers the general question as of 1989. Ezel answers yours: whether it's allowed on your facts, under the current rules of professional conduct in your state, with citations.
Plain-English summary
An attorney asked the panel whether it was proper for him to represent a client, a four-person real estate partnership, in pursuing legal action against an insurance company. One of the four partners was also the inquiring attorney's own law partner. That partner would not be a witness in the legal action, and the partnership wished to employ the inquiring attorney.
The panel held it was proper for the inquiring attorney to represent the real estate partnership under these circumstances, and added that the propriety did not depend on whether the law partner was called as a witness by either side. It quoted Rule 3.7(b), which allows a lawyer to act as advocate in a trial in which another lawyer in the lawyer's firm is likely to be called as a witness, unless precluded by Rule 1.7 (conflict of interest, general rule) or Rule 1.9 (conflict of interest, former client). On the specific facts presented, the panel found that neither Rule 1.7 nor Rule 1.9 would affect the application of Rule 3.7(b).
Currency note
This opinion was issued in May 1989, shortly after the Rhode Island Supreme Court adopted the Model Rules of Professional Conduct effective November 15, 1988, and it applies Rule 3.7(b) as originally adopted. The Rhode Island Supreme Court later revised the Rules of Professional Conduct in 2007 as part of the nationwide Ethics 2000 process. 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 Treat this page as historical context, not current guidance.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 mentioned here.
Common questions
Q: Can I represent a business entity when one of its owners is also my own law partner?
A: Yes, according to this opinion, provided Rule 1.7 and Rule 1.9 are not otherwise implicated on the facts; the panel held Rule 3.7(b) permits the firm to act as advocate even where a firm lawyer is likely to be called as a witness, let alone where that lawyer is simply a client's business partner and won't testify.
Q: Does it matter whether my law partner ends up being called as a witness in the case?
A: No. The panel expressly stated that "the propriety is not dependent on whether or not the law partner is called as a witness by either side."
Background and rules framework
The opinion applies Rule 3.7(b) of the Rhode Island Rules of Professional Conduct, as adopted effective November 15, 1988, which permits a lawyer to act as advocate in a trial where another firm lawyer is likely to be a witness unless barred by Rule 1.7 or Rule 1.9, to a lawyer's proposed representation of a partnership whose member is the lawyer's own law partner.
Citations and references
Rules of Professional Conduct:
- MR 3.7 (lawyer as witness)
- RI RPC 3.7(b) (advocate representation where a firm lawyer is likely to be a witness, subject to Rule 1.7 and Rule 1.9)
Statutes:
- None cited.
Cases:
- None cited.
Other opinions cited:
- None cited.
See also
Source
- Landing page: https://www.courts.ri.gov/attorney-resources/Pages/Ethics-Advisory-Panel-default.aspx
- Original PDF: https://www.courts.ri.gov/Opinions/EAP%2089-08.pdf
Original opinion text
Best-effort transcription from a scanned PDF. Minor errors may remain; the linked PDF is authoritative.
DIGEST OF ETHICS ADVISORY PANEL
OPINION 89-8, REQUEST #55
Issued May 4, 1989
An attorney seeks Panel advice as to whether it is proper for him to undertake representation of a client under the specific circumstances he describes.
The inquiring attorney advises the Panel that the client is a four person real estate partnership. One of those four partners is also a law partnership and wishes to pursue legal action against an insurance company. The partnership wishes to employ the inquiring attorney. The member of the partnership who is also the inquiring attorney's law partner would not be a witness in the legal action.
The Panel takes the position that it is proper for the inquiring attorney to represent the real estate partnership under the circumstances he has described. The Panel also suggests that the propriety is not dependent on whether or not the law partner is called as a witness by either side.
Rule 3.7(b) provides:
A lawyer may act as advocate in a trial in which another lawyer in the lawyer's firm is likely to be called as a witness unless precluded from doing so by Rule 1.7 or Rule 1.9.
Under the specific facts set forth for Panel review, neither Rule 1.7 titled "Conflict of Interest: General Rule" nor Rule 1.9, titled "Conflict of Interest: Former client" would affect the application of Rule 3.7(b).
Ethics Advisory Panel advice is protective in nature. There is no requirement that an attorney abide by a Panel opinion, but if he or she does, he or she is fully protected from any charge of impropriety.
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