Can I charge nonclient adversaries a court-equivalent fee for photocopies of nonconfidential public-record documents produced on behalf of my clients?
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.
Plain-English summary
The inquiring attorney asked whether he or she may charge nonclients a fee for photocopies of documents produced on behalf of clients that are not protected by the confidentiality rule. The proposed fee would be equivalent to those charged by a particular court for the same service. The documents are public records, and the nonclients are potential adversaries of the attorney's clients.
The opinion states that the Panel perceives no violation of the Rules of Professional Conduct by the attorney's proposed conduct.
In practice
Under this opinion, the proposed practice -- charging potential adversaries a court-equivalent photocopy fee for public-record documents that are not confidential -- does not, on the facts presented, violate the Rules of Professional Conduct. The opinion resolves the inquiry with a single conclusion and does not identify any rule that the conduct offends.
Common questions
Q: Can a lawyer charge an opposing party for copies of public-record documents?
A: On these facts, yes. The opinion perceives no violation of the Rules of Professional Conduct in charging nonclient adversaries a court-equivalent fee for copies of nonconfidential public records.
Q: Does it matter that the documents were produced on behalf of the lawyer's clients?
A: The opinion notes the documents are public records and not protected by the confidentiality rule, and finds no violation in charging for copies of them.
Background and rules framework
The opinion resolves the inquiry without citing a specific Rule of Professional Conduct, concluding only that the Panel perceives no violation in the proposed conduct. It frames the documents as public records that are not protected by the confidentiality rule.
Citations and references
The opinion does not cite a specific Rule of Professional Conduct.
See also
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%2093-75.pdf
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
(FINAL)
ETHICS ADVISORY PANEL
OPINION #93-75, REQUEST #416
Issued September 14, 1993
The inquiring attorney asks whether he/she may charge nonclients a fee for photocopies of documents produced on behalf of clients that are not protected by the confidentiality rule. The fee would be equivalent to those charged by a particular court for the same service. The documents are public records and the nonclients are potential adversaries of the inquiring attorney's clients.
The Panel perceives no violation of the Rules of Professional Conduct by the inquiring attorney's proposed conduct.
What do the rules say today, for your facts?
This opinion is from 1993. Ezel checks the current Rhode Island Rules of Professional Conduct against your situation and cites the rules it relies on.
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