I represented the City Council in negotiations with the Mayor. Can I keep representing clients with claims against the city, even on unrelated matters?
Apply this to your situation
This page answers the general question as of 1991. Ask about yours and see what the current Rhode Island Rules of Professional Conduct say for your facts, with citations.
Plain-English summary
The inquiring attorney asked about the propriety of continuing to represent parties in claims against a city after having represented the City Council in negotiations with the Mayor.
The panel took the position that, because the City Council is integrally involved in matters concerning the city, the attorney should obtain the consent of all involved parties before continuing representation of clients against the city, even where the representation involves unrelated matters. The panel added that an appearance of impropriety would exist if the attorney continued representing these clients without first obtaining the consent of the parties. The panel cited Rule 1.7 of the Rhode Island 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, and it applies Rule 1.7 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 the conflict-of-interest rules. 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 Treat this page as historical context, not current guidance.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: Why does representing the City Council affect suing the city?
A: Per the opinion, the City Council is integrally involved in matters concerning the city, so the panel treated continued representation against the city as raising a conflict even on unrelated matters.
Q: What must I do before continuing to represent clients against the city?
A: Per the opinion, obtain the consent of all involved parties before continuing the representation.
Q: What happens if I do not obtain consent?
A: Per the opinion, an appearance of impropriety would exist if the attorney continued representing these clients without first obtaining the parties' consent.
Background and rules framework
The opinion applies Rhode Island Rule 1.7, corresponding to Model Rule 1.7 (conflict of interest, current clients). The panel treated the attorney's representation of the City Council as bearing on any adverse representation against the city, given the Council's integral role in city matters, and identified consent of all involved parties as the condition for continuing.
Citations and references
Rules of Professional Conduct:
- MR 1.7 (conflict of interest: current clients)
- RI RPC 1.7
Statutes:
- None cited.
Cases:
- None cited.
Other opinions cited:
- None cited.
See also
- RI EAP Op. 2017-04: A Conflict Representing a Client Suing the City While Serving as City Council Counsel Is Waivable
- RI EAP Op. 91-69: A Firm as Counsel to an Agency and a Corporation Before It
- RI EAP Op. 91-63: A Government Lawyer Representing Private Clients Before Other Agencies
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%2091-79.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 #91-79
Issued December 4, 1991
An attorney seeks Panel advice as to the propriety of continuing representation of parties in claims against a city, after having represented the City Council in negotiations with the Mayor.
The Panel is of the opinion that since the City Council is integrally involved in matters concerning the City, the attorney should obtain the consent of all involved parties before continuing representation of clients against the city, even where the representation involves unrelated matters. The Panel further believes that the appearance of impropriety would exist if the attorney continued representing these clients without first obtaining consent of the parties. See Rule 1.7 of the Rhode Island Rules of Professional Conduct.
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