Can I ask the state ethics panel to interpret a provision of the Supreme Court Law Clerk Pool Manual?

Plain-English summary

The inquiring attorney sought the panel's advice concerning the interpretation of a provision of the Rhode Island Supreme Court Law Clerk Pool Manual.

The panel quoted Rule 2 ("Jurisdiction") of the Rules of the Rhode Island Supreme Court Ethics Advisory Panel, under which the panel accepts requests from members of the Rhode Island Bar in good standing concerning their prospective conduct as attorneys under the Rules of Professional Conduct, and may decline to render an advisory opinion where, among other circumstances, the request seeks an opinion concerning conduct not governed by the Rhode Island Rules of Professional Conduct.

The panel declined to render an advisory opinion because it was without authority to furnish a response in the matter; interpreting the Law Clerk Pool Manual fell outside the conduct governed by the Rules of Professional Conduct.

Currency note

This opinion was issued in 1991, after the Rhode Island Supreme Court adopted the Model Rules of Professional Conduct effective November 15, 1988. The panel's jurisdictional rules and the Rules of Professional Conduct have been revised since, including the Rhode Island Supreme Court's 2007 Ethics 2000 revisions. Subsequent 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 Treat this page as historical context, not current guidance.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: Will the panel interpret documents outside the Rules of Professional Conduct?

A: Under this opinion, no. The panel declined under Rule 2(c) because the request sought an opinion concerning conduct not governed by the Rhode Island Rules of Professional Conduct.

Q: On what basis did the panel decline?

A: The panel held it was without authority to respond, citing Rule 2 of its own rules, which limits its jurisdiction to a lawyer's prospective conduct under the Rules of Professional Conduct.

Background and rules framework

The opinion applies Rule 2 ("Jurisdiction") of the Rules of the Rhode Island Supreme Court Ethics Advisory Panel, not a Rule of Professional Conduct. Rule 2 confines the panel to questions about an inquiring attorney's prospective conduct under the Rules of Professional Conduct set forth in Supreme Court Rule 47, and permits declination where the request concerns conduct not governed by those rules.

Citations and references

Rules of Professional Conduct:

• The opinion cites no Rule of Professional Conduct. It applies Rule 2(c) of the panel's own jurisdictional rules and references Supreme Court Rule 47 (adopting the Rules of Professional Conduct).

Statutes:

• None cited.

Cases:

• None cited.

Other opinions cited:

• None cited.

See also

• RI EAP Op. 95-60: Client Says Don't Pay the Lien

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%2091-08.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 #91-8, REQUEST #138
Issued February 20, 1991

An attorney seeks Panel advice concerning an interpretation of a provision of the Rhode Island Supreme Court Law Clerk Pool Manual.

Rule 2 of the Rules of the Rhode Island Supreme Court Ethics Advisory Panel, entitled "Jurisdiction", states:

The Panel shall accept requests from any member of the Rhode Island Bar in good standing concerning his or her prospective conduct as an attorney under the Rules of Professional Conduct as set forth in Supreme Court Rule 47. The Panel may decline to render an advisory opinion if any of the following circumstances exist:

(c) The request seeks an opinion concerning conduct not governed by the Rhode Island Rules of Professional Conduct.

The Panel declines to render an advisory opinion because the Panel is without authority to furnish a response in this matter.

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.