Ezel / Ethics Opinions / RIEAP

I once represented a client and opined that a contract was enforceable. Its successor counsel now wants it declared void. May I help successor counsel, or the opposing party's counsel?

Short answer The panel concluded that the attorney may, but is not obligated to, voluntarily assist successor counsel on the former matters, but may not assist counsel for the other signatory, because that would create a conflict of interest, citing the comment to Rule 1.16 on assisting the client upon withdrawal.
Bar
RIEAP
Issued
January 14, 1992
Source
View Original PDF

Apply this to your situation

This page answers the general question as of 1992. Ask about yours and see what the current Rhode Island Rules of Professional Conduct say for your facts, with citations.

How much weight this carries: Under the Ethics Advisory Panel rules of the Rhode Island Supreme Court, a lawyer who asks for an opinion, gives the facts fully and accurately, and acts in accordance with it is conclusively presumed to have complied with the Rules of Professional Conduct. Source.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official ethics opinion. The original opinion (linked on this page as a PDF) is the authoritative source for any reliance.
View original ethics opinion (PDF)

Plain-English summary

The inquiring attorney, as counsel to a former client, a quasi-municipal corporation, had provided representations relating to a commercial contract and an opinion as to the enforceability of the agreement. Successor counsel is now asking that the contract be declared null and void, and the opposing party seeks to enforce the agreement.

The panel took the position that the attorney may, but is not obligated to, voluntarily assist successor counsel as to the matters that were pending regarding the contract on which the attorney had given an opinion. The panel further stated that the attorney may not assist counsel for the other signatory, because a conflict of interest would result. The panel cited the comment to Rule 1.16 of the Rhode Island Rules of Professional Conduct, entitled "Assisting the Client Upon Withdrawal."

Currency note

This opinion was issued in 1992, after the Rhode Island Supreme Court adopted the Model Rules of Professional Conduct effective November 15, 1988, and it applies the comment to Rule 1.16 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. 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 help my former client's successor counsel?

A: Per the opinion, yes, voluntarily, but the attorney is not obligated to do so.

Q: Can I help the counsel for the opposing signatory?

A: Per the opinion, no. Assisting counsel for the other signatory would create a conflict of interest.

Q: What authority did the panel rely on?

A: Per the opinion, the comment to Rule 1.16 of the Rhode Island Rules of Professional Conduct, entitled "Assisting the Client Upon Withdrawal."

Background and rules framework

The opinion applies Rhode Island Rule 1.16 (declining or terminating representation) and its comment on assisting the client upon withdrawal, corresponding to Model Rule 1.16. The panel drew a line between voluntary, permitted assistance to the former client's own successor counsel and assistance to the adverse signatory's counsel, which would place the attorney against the former client's interests and create a conflict.

Citations and references

Rules of Professional Conduct:

  • MR 1.16 (declining or terminating representation)
  • RI RPC 1.16

Statutes:

  • None cited.

Cases:

  • None cited.

Other opinions cited:

  • None cited.

See also

Source

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 #92-4, Request #210
Issued January 14, 1992

An attorney seeks Panel advice as to conduct in connection with a former client. As counsel to a former client, a quasi-municipal corporation, the attorney provided representations relating to a commercial contract. The attorney also provided an opinion as to the enforceability of the agreement. Successor counsel is now asking that the contract be declared null and void. The opposing party seeks to enforce the agreement.

The Panel takes the position that the attorney may, but is not obligated to, voluntarily assist successor counsel as to the matters that were pending in 1979 regarding a certain contract to which the attorney had given an opinion. The Panel further states that the attorney may not assist counsel for the other signatory since a conflict of interest would result. See the comment to Rule 1.16 of the Rhode Island Rules of Professional Conduct, entitled "Assisting the Client Upon Withdrawal."

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This opinion is from 1992. Ezel checks the current Rhode Island Rules of Professional Conduct against your situation and cites the rules it relies on.

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