My spouse is a clerk in the Bankruptcy Court with ministerial duties. If I am appointed a Chapter 7 bankruptcy trustee, does that create a conflict of interest under Rule 1.7?

Short answer The Panel concluded that, on these facts and consistent with Rule 1.7(b) and its prior opinions, the attorney's appointment as a local bankruptcy trustee would not give rise to a conflict under the Rules of Professional Conduct.
Bar
RIEAP
Issued
August 25, 1994

Apply this to your situation

This page answers the general question as of 1994. 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 practiced in the United States Bankruptcy Court on Chapter 7, 13, and 11 petitions. The attorney's wife was a clerk in the Bankruptcy Court whose ministerial duties were mostly confined to Chapter 11 cases. The attorney wished to become a bankruptcy trustee for Chapter 7 petitions and asked whether a conflict would arise if he were appointed by the United States Trustee or a local trustee.

The Panel resolved the question under Rule 1.7(b), which addresses representation that may be materially limited by the lawyer's responsibilities to others or the lawyer's own interests, and relied on its prior Opinions 94-35 (issued June 2, 1994) and 90-29 (issued June 25, 1990). On these facts, the Panel opined that the attorney's appointment as a local trustee would not give rise to a conflict under the Rules of Professional Conduct.

Currency note

This opinion was issued in 1994 (Opinion 94-58, issued August 25, 1994), after the Rhode Island Supreme Court adopted the Model Rules of Professional Conduct effective November 15, 1988, and it applies Rule 1.7 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 amended Rule 1.7. 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: Does having a spouse who works as a court clerk bar me from serving as a trustee in that court?

A: On these facts the Panel concluded no. It opined that the attorney's appointment as a local bankruptcy trustee would not give rise to a conflict under the Rules of Professional Conduct.

Q: What rule did the Panel apply?

A: Rule 1.7(b), which governs conflicts arising from a lawyer's responsibilities to others or the lawyer's own interests, together with the Panel's prior Opinions 94-35 and 90-29.

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(b) addresses material-limitation conflicts, including those arising from a lawyer's personal interests or relationships. The Panel applied that rule to a trustee appointment and found no conflict on the facts presented, citing its earlier opinions.

Citations and references

Rules of Professional Conduct:

  • MR 1.7 / RI RPC 1.7(b) (conflict of interest: general rule; material-limitation conflicts)

Other opinions cited:

  • RI EAP Opinion 94-35 (issued June 2, 1994)
  • RI EAP Opinion 90-29 (issued June 25, 1990)

See also

Source

Original opinion text

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

ETHICS ADVISORY PANEL
OPINION #94-58 REQUEST #529
Issued August 25, 1994

The inquiring attorney practices in the United States Bankruptcy Court regarding Chapter 7, 13 and 11 bankruptcy petitions. The inquiring attorney's wife is a clerk in the Bankruptcy Court with ministerial duties mostly confined to Chapter 11 cases. The inquiring attorney would like to become a Bankruptcy Trustee for Chapter 7 petitions. The attorney asks whether a conflict would arise if he were appointed by the United States Trustee or a local Trustee.

Pursuant to Rule 1.7(b) and past Ethics Advisory Panel Opinions, 94-35 (Issued June 2, 1994) and 90-29 (Issued June 25, 1990), the Panel opines that the inquiring attorney's appointment as a local trustee would not, on these facts, give rise to a conflict under the Rules of Professional Conduct.

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