My ex-partner was the town solicitor and I appeared as co-counsel for the town. Can my firm now appear before the town's boards for private clients, and am I personally barred for a year?

Plain-English summary

The inquiring attorney asked about imputed disqualification and successive government and private practice. An ex-partner in the inquiring attorney's law firm had served for many years as a town solicitor, and the inquiring attorney had appeared as co-counsel with the ex-partner/solicitor in several cases on behalf of the town. A potential client had approached the inquiring attorney seeking representation before various boards in that town.

On the first question, how long the firm must wait after severing its relationship with the ex-partner/solicitor before its associates may appear before the town's boards, the panel applied Rule 1.10(c) and concluded that the firm may presently represent clients before the town boards so long as the subject matter of the representation does not involve the same or a substantially related matter in which the ex-partner/solicitor participated on behalf of the town.

On the second question, whether the inquiring attorney, upon withdrawing from all town cases, is barred from appearing before town boards for one year, the panel applied Rule 1.11(b), under which a lawyer who has been employed by a government office shall not represent a private client before that office for one year following termination of employment. The panel took the position that the inquiring attorney cannot represent a private client before any town board where the attorney appeared as an assistant or co-counsel to the ex-partner/solicitor for a period of one year.

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 Rules 1.10(c) and 1.11(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, which renumbered and amended several provisions, including the former-government-officer rule. 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 Treat this page as historical context, not current guidance.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 my firm appear before the town's boards now that our ex-partner solicitor has left?

A: Under this opinion, yes, subject to a limit. Per Rule 1.10(c), the firm may represent clients before the town boards so long as the matter is not the same as or substantially related to a matter the ex-partner/solicitor participated in for the town.

Q: Am I personally barred from appearing before the town boards?

A: Per Rule 1.11(b), the inquiring attorney cannot represent a private client before any town board where the attorney appeared as assistant or co-counsel to the solicitor for one year.

Q: What triggers the one-year bar?

A: Per the opinion, the bar applies to the boards before which the attorney appeared as an assistant or co-counsel to the ex-partner/solicitor for the town, running for one year.

Background and rules framework

The opinion applies Rule 1.10 (Imputation of Conflicts of Interest), specifically Rule 1.10(c), and Rule 1.11 (Successive Government and Private Employment), specifically Rule 1.11(b), corresponding to Model Rules 1.10 and 1.11. Rule 1.10(c) governs when a firm may act after a formerly associated lawyer's departure, keyed to whether the matter is the same as or substantially related to one the departed lawyer handled; Rule 1.11(b) imposes a one-year bar on a former government lawyer appearing before the former government office for a private client. The panel applied each provision to its respective question.

Citations and references

Rules of Professional Conduct:

• MR 1.10 (imputation of conflicts of interest)
• MR 1.11 (successive government and private employment)
• RI RPC 1.10(c), RI RPC 1.11(b)

Statutes:

• None cited.

Cases:

• None cited.

Other opinions cited:

• None cited.

See also

• RI EAP Op. 91-48: A Former-Firm Client Conflict
• RI EAP Op. 91-43: Office-Sharing Lawyers on Opposite Sides of a Case

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%2091-51.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 #91-51, Request #129a
Issued August 16, 1991

An attorney seeks Panel opinion concerning the ethical rules governing imputed disqualification and successive government and private practice. The inquiring attorney states that an ex-partner in his/her law firm was employed for many years as a town solicitor. The inquiring attorney states that he/she appeared as co-counsel with the ex-partner/solicitor in several cases on behalf of the town. The inquiring attorney has been approached by a potential client who seeks representation before various boards in this particular town.

The attorney poses two questions:

1. How long after severance of the professional relationship between the firm and the ex-partner/solicitor must the firm wait before its associates may appear before boards of the town?

2. If the inquiring attorney withdraws immediately from all town cases, is he/she barred from appearing before town boards for one year from his/her date of withdrawal.

The first question is governed by Rhode Island Rule of Professional Conduct 1.10(c).

The Panel is of the opinion that the firm may presently represent clients before the town boards so long as the subject matter of the representation does not involve the same or a substantially related matter in which the ex-partner/solicitor participated on behalf of the town.

The second question is controlled by Rhode Island Rule of Professional Conduct 1.11(b), which provides in pertinent part:

Notwithstanding any other provision of this Rule, a lawyer who has been employed by any government office or agency shall not represent a private client before that government office or agency for a period of one year following the termination of employment.

The Panel takes the position that the inquiring attorney cannot represent a private client before any town board in which the attorney appeared as an assistant or co-counsel to the ex-partner/solicitor for a period of one year.