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?

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 Treat this page as historical context, not current guidance.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

• RI EAP Opinion 94-48: lawyer and police officer serving as a municipal prosecutor under Rule 1.7
• RI EAP Opinion 94-43: part-time state lawyer may keep a private client under Rule 1.7

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%2094-58.pdf

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.