My sibling is a lawyer representing the other side in a case I'm handling. Do I need client consent, and does the conflict spread to everyone at my firm?

Plain-English summary

The inquiring attorney sought advice concerning compliance with Rhode Island Rule of Professional Conduct 1.8, which prevents certain family members who are lawyers from representing adverse parties without client consent.

The panel took the position that Rule 1.8(i) requires the consent of the client where the lawyer knows that the lawyer's parent, child, sibling, or spouse is the lawyer representing an adverse party. The panel added that this consent must be based on a thorough explanation of the relationship between the lawyers for the adverse parties.

The panel cited the comment to Rule 1.8(i), which states that the disqualification stated in paragraph (i) is personal and is not imputed to members of firms with whom the lawyers are associated. The panel explained that this comment makes clear that, unlike Rule 1.10 (Imputed Disqualification: General Rule), Rule 1.8(i) only prohibits the related attorneys themselves from representing adverse parties without the clients' consent, and does not extend the disqualification to members of the related attorneys' law firms.

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, and it applies Rule 1.8(i) as then numbered. The related-lawyers restriction was later moved out of Rule 1.8 in the nationwide Ethics 2000 revisions (in the Model Rules it is now addressed in the comment to Rule 1.7), and the Rhode Island Supreme Court revised its Rules of Professional Conduct in 2007. Subsequent rule amendments or later opinions may have changed the analysis and the rule numbering. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule mentioned here.

Common questions

Q: Do related lawyers on opposite sides of a case need client consent?

A: Under this opinion, yes. Rule 1.8(i) requires client consent where a lawyer knows a parent, child, sibling, or spouse represents an adverse party.

Q: What must the consent be based on?

A: The panel said the consent must be based on a thorough explanation of the relationship between the lawyers for the adverse parties.

Q: Does the relationship disqualify the related lawyers' whole firms?

A: No. The panel explained the disqualification is personal and, unlike Rule 1.10, is not imputed to members of the related lawyers' firms.

Background and rules framework

The opinion applies Rule 1.8(i) (as then numbered) and contrasts it with Rule 1.10 (Imputed Disqualification), corresponding to Model Rules 1.8 and 1.10. The panel relied on the comment to Rule 1.8(i) that the related-lawyers disqualification is personal, so that it requires consent from the affected clients but does not spread to other lawyers in the related attorneys' firms as imputed conflicts would under Rule 1.10.

Citations and references

Rules of Professional Conduct:

• MR 1.8 (conflict of interest: current clients, specific rules), then-paragraph (i) on related lawyers
• MR 1.10 (imputation of conflicts of interest)
• RI RPC 1.8(i)
• RI RPC 1.10

Statutes:

• None cited.

Cases:

• None cited.

Other opinions cited:

• None cited.

See also

• RI EAP Op. 95-33: Screening a Former Government Lawyer
• RI EAP Op. 95-22: Agency-Wide Conflict From Advice
• RI EAP Op. 91-10: Testifying About a Former Client

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%2091-19.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 #91-19, Request #151
Issued May 23, 1991

An attorney seeks Panel advice concerning compliance with Rhode Island Rule of Professional Conduct 1.8 which prevents certain family members who are lawyers from representing adverse parties without client consent.

The Panel takes the position that Rhode Island Rule of Professional Conduct 1.8(i) requires the consent of the client where the lawyer knows that the lawyer's parent, child, sibling or spouse is the lawyer representing an adverse party. This consent must be based on a thorough explanation of the relationship between the lawyers for the adverse parties.

The Panel cites the comment to Rule 1.8(i) which states:

The disqualification stated in paragraph (i) is personal and is not imputed to members of firms with whom the lawyers are associated.

This comment makes clear that unlike Rule 1.10 [Imputed Disqualification: General Rule], Rule 1.8(i) only prohibits the related attorneys from representing adverse parties without the clients' consent and does not extend the disqualification to members of the related attorneys' law firms.

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.