I represent a client suing a state agency. That same agency wants to hire me as a special prosecutor in an unrelated matter. Can I take it on?
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This page answers the general question as of 1993. Ezel answers yours: whether it's allowed on your facts, under the current rules of professional conduct in your state, with citations.
Plain-English summary
An attorney represents a client in a personal-injury claim against a state agency. That same agency sought to engage the attorney as a special prosecutor in an unrelated matter. The attorney stated that the two representations are totally unrelated and would not be directly adverse to each other.
The opinion applies Rule 1.7, "Conflict of Interest: General Rule," under which a lawyer shall not represent a client if the representation will be directly adverse to another client unless the lawyer reasonably believes the representation will not adversely affect the relationship with the other client and each client consents after consultation. The opinion concludes that the attorney may represent the state agency so long as the attorney reasonably believes the other client will not be adversely affected and each client consents to the representation after consultation.
In practice
Under this opinion, the two unrelated engagements can coexist, but only on the two Rule 1.7(a) conditions the Panel identifies: the lawyer's reasonable belief that the existing client will not be adversely affected, and consent after consultation from each affected client. The opinion does not treat the unrelated nature of the matters as, by itself, dispositive; it still routes the arrangement through Rule 1.7's belief-and-consent requirements.
Common questions
Q: Can a lawyer suing a state agency also work for that agency in another matter?
A: Yes, under conditions. The opinion concludes Rule 1.7 permits it if the lawyer reasonably believes the existing client will not be adversely affected and each client consents after consultation.
Q: Is consent from both clients required?
A: Yes. The opinion conditions the arrangement on each client consenting to the representation after consultation.
Q: Does it matter that the matters are unrelated?
A: The attorney represented that the matters are unrelated and not directly adverse; the opinion still applies Rule 1.7's reasonable-belief and consent requirements before approving the arrangement.
Background and rules framework
The opinion interprets Rhode Island Rule of Professional Conduct 1.7, "Conflict of Interest: General Rule," the analog of Model Rule 1.7. Rule 1.7(a) bars a representation directly adverse to another client unless the lawyer reasonably believes the representation will not adversely affect the relationship with the other client and each client consents after consultation.
Citations and references
Rules of Professional Conduct:
- MR 1.7 / RI RPC 1.7 (conflict of interest: general rule)
See also
- RI EAP Opinion 91-63: a government lawyer may represent clients before other agencies if 1.7 is met
- RI EAP Opinion 93-24: a lawyer on a narrow municipal committee does not disqualify the firm under 1.7/1.11
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%2093-43.pdf
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
Final
ETHICS ADVISORY PANEL
Opinion #93-43, Request #389
Issued June 30, 1993
An attorney represents a client in a personal injury claim against a state agency. This same agency seeks to engage the attorney as a special prosecutor in an unrelated matter. The attorney states that the representation of the client and the state agency are totally unrelated and would not be directly adverse to each other.
Rule 1.7 entitled "Conflict of Interest: General Rule" states that:
(a) A lawyer shall not represent a client if the representation of that client will be directly adverse to another client, unless:
(1) the lawyer reasonably believes the representation will not adversely affect the relationship with the other client; and
(2) each client consents after consultation.
The Panel concludes that the attorney may represent the state agency so long as the attorney reasonably believes the other client will not be adversely affected and each client consents to the representation after consultation.
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