I am an adjunct professor at a university. Can I represent a full-time faculty member in a tenure lawsuit against the same university?

Short answer The Panel concludes the adjunct-attorney may represent the professor in the tenure suit against the institution, provided the attorney informs the client of the attorney's potential responsibilities to the institution and the attorney's own interests, reasonably believes the representation will not be adversely affected, and the client consents after consultation under Rule 1.7.
Bar
RIEAP
Issued
September 14, 1993

Apply this to your situation

This page answers the general question as of 1993. Ask about yours and see what the current Rhode Island Rules of Professional Conduct say for your facts, with citations.

Currency note: this opinion is from 1993
Subsequent statutory amendments, court decisions, or later opinions or rule amendments may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.
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 is an adjunct faculty member at an academic institution who typically teaches one evening course per semester and serves as a faculty advisor to one or two independent-study students. The attorney asked whether he or she may represent a full-time faculty member in a tenure suit against the institution.

The opinion applies Rule 1.7(b), which bars representation that may be materially limited by the lawyer's responsibilities to another client or a third person, or by the lawyer's own interests, unless the lawyer reasonably believes the representation will not be adversely affected and the client consents after consultation. The opinion notes that, on the facts presented, there is no client-lawyer relationship between the attorney and the academic institution.

The opinion concludes that to permit the representation the attorney must inform the client of the attorney's potential responsibilities to the third party (the academic institution) and of the attorney's own interests; if the attorney reasonably believes the representation will not be adversely affected and the client consents after consultation, representation is permissible under Rule 1.7.

In practice

Under this opinion, the adjunct relationship creates a potential material-limitation concern under Rule 1.7(b) -- the attorney's own interests and responsibilities toward the institution -- rather than an outright bar, because the institution is not the attorney's client. The opinion permits the representation on the rule's stated conditions: disclosure of the attorney's potential responsibilities to the institution and own interests, the attorney's reasonable belief the representation will not be adversely affected, and the client's consent after consultation.

Common questions

Q: Is the university the adjunct's client for conflict purposes?

A: No. The opinion states that on the facts presented there is no client-lawyer relationship between the attorney and the academic institution.

Q: Can the adjunct-attorney take the tenure case against the school?

A: Yes, conditionally. The opinion concludes representation is permissible under Rule 1.7 if the disclosure, reasonable-belief, and consent conditions are met.

Q: What must the attorney disclose to the client?

A: The opinion says the attorney must inform the client of the attorney's potential responsibilities to the third party (the institution) and of the attorney's own interests before proceeding.

Background and rules framework

The opinion interprets Rhode Island Rule of Professional Conduct 1.7(b) (conflict of interest: general rule), the analog of Model Rule 1.7. Rule 1.7(b) prohibits representation materially limited by the lawyer's responsibilities to another client or a third person, or by the lawyer's own interests, unless the lawyer reasonably believes the representation will not be adversely affected and the client consents after consultation.

Citations and references

Rules of Professional Conduct:

  • MR 1.7 / RI RPC 1.7(b) (conflict of interest; material limitation by responsibilities to a third person or the lawyer's own interests)

See also

Source

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

(FINAL)
ETHICS ADVISORY PANEL
OPINION #93-60, REQUEST #399
Issued September 14, 1993

The inquiring attorney is an adjunct faculty member at an academic institution and typically teaches one (1) evening course per semester. He/she also serves as a faculty advisor, having one (1) or two (2) students on independent study. The attorney inquires as to whether he/she may represent a full-time faculty member in a tenure suit against the academic institution.

Rule 1.7 entitled "Conflict of Interest: General Rule" applies. The Rule states in pertinent part as follows:

(b) A lawyer shall not represent a client if the representation of that client may be materially limited by the lawyer's responsibilities to another client or to a third person, or by the lawyer's own interests, unless:

(1) the lawyer reasonably believes the representation will not be adversely affected; and

(2) the client consents after consultation. When representation of multiple clients in a single matter is undertaken, the consultation shall include explanation of the implications of the common representation and the advantages and risks involved.

Under the facts as presented, there is no client-lawyer relationship between the inquiring attorney and the academic institution. To permit representation, under these facts, the inquiring attorney must inform the client of the attorney's potential responsibilities to the third party, the academic institution, and of the attorney's own interests. If the attorney reasonably believes the representation will not be adversely affected, and if the client consents after consultation, the Panel concludes representation is permissible under Rule 1.7.

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