My firm used to represent a client in a family-law case. Can we now file a collection complaint against that former client for a different client?

Plain-English summary

The inquiring attorney's law firm represented former Client A for approximately four years in a family-law matter. The firm subsequently withdrew and no longer represents A in any capacity. Client B, also a long-standing client of the firm, forwarded collection work to the firm, one case of which is a matter concerning former Client A. The attorney asked whether the attorney may file a complaint against former Client A on behalf of Client B.

The panel said Rule 1.9(b) ("Conflict of Interest: Former Client") applies. That rule provides that a lawyer who has formerly represented a client in a matter shall not thereafter use information relating to the representation to the disadvantage of the former client. Based on the facts given, and because the matters are not substantially related, the panel concluded that the attorney may file the complaint against former Client A on behalf of Client B, provided that any information obtained in the representation of former Client A is not used to the disadvantage of A.

In practice

Under this opinion, a firm may take a matter directly adverse to a former client where the new matter is not substantially related to the prior representation. The opinion applies Rule 1.9(b) and conditions the representation on the firm's not using information relating to the former representation to the former client's disadvantage.

Common questions

Q: Can my firm sue a former client at all?

A: Per the opinion, yes on these facts; because the matters are not substantially related, the attorney may file the complaint against the former client on behalf of another client.

Q: What is the limit the panel places on doing so?

A: Per the opinion, the firm may not use any information obtained in the former client's representation to that former client's disadvantage.

Q: What made this permissible rather than a conflict?

A: Per the opinion, the collection matter is not substantially related to the earlier family-law representation.

Background and rules framework

The opinion applies Rhode Island Rule 1.9 (conflict of interest: former client), corresponding to Model Rule 1.9. The panel read Rule 1.9(b) as barring the use of information relating to a former representation to the former client's disadvantage, and treated the absence of a substantial relationship between the matters as permitting the adverse collection representation subject to that limit.

Citations and references

Rules of Professional Conduct:

• MR 1.9 (duties to former clients)
• RI RPC 1.9(b)

Statutes:

• None cited.

Cases:

• None cited.

Other opinions cited:

• None cited.

See also

• RI EAP Op. 92-31: Former-Client Objection Turns on the Substantial-Relationship Test
• RI EAP Op. 92-27: May Not Collect for a Bank Against a Former Title/Tax Client Without Consent

Currency note

This opinion was issued in 1992 (Opinion 92-48), after the Rhode Island Supreme Court adopted the Model Rules of Professional Conduct effective November 15, 1988, and it applies Rule 1.9 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 Rule 1.9 (duties to former clients), including the provision the panel cited as 1.9(b). 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.

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%2092-48.pdf

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain; the linked PDF is authoritative.

ETHICS ADVISORY PANEL
Opinion #92-48, Request #272
Issued July 23, 1992

An attorney seeks Panel advice with regard to the following circumstances. A law firm represented former Client A for approximately four (4) years with regard to a family law matter. Subsequently, the law firm withdrew from the representation of former Client A and no longer represents A in any capacity. Client B, also a long standing client of the firm, forwarded collection work to the firm where one of the cases was a matter concerning former Client A. The attorney asks whether or not the attorney may file a complaint against former Client A on behalf of Client B.

The Panel agrees that Rule 1.9(b) entitled "Conflict of Interest: Former Client" applies to this inquiry. The Rule states that "a lawyer who has formerly represented a client in a matter shall not thereafter use information relating to the representation to the disadvantage of the former client." Based upon the facts given and because the matters are not substantially related, the attorney may file a complaint against former Client A on behalf of former Client B provided that any information obtained in the representation of former Client A is not used to the disadvantage of A.