012015 RIEO, 2015-01

• Case Date: January 20, 2015
• Court: Rhode Island

2015-01 Ethics Advisory Panel Op. 2015-01 Rhode Island Ethics Opinions Rhode Island Supreme Court January 20, 2015           FINAL          FACTS          The inquiring attorney proposes to hire an individual who is suspended from the practice of law, to conduct legal research. The individual is an out-of-state attorney who has been suspended in another state for ethical violations. The inquiring attorney states that the individual would not provide professional opinions or legal advice, would not interact with clients or prepare documents, and would have no involvement with staff or day-to-day operations. The individual would conduct research at a location out-of-state.          ISSUE PRESENTED          The inquiring attorney asks whether his/her law firm may hire an out-of-state attorney who has been suspended from the practice of law in another state, to conduct legal research for the law firm.          OPINION          Guideline 10 of Provisional Order No. 18 prohibits the inquiring attorney's law firm from hiring an attorney who is under suspension from the practice of law in another jurisdiction, to conduct legal research for the law firm.          REASONING          Rule 5.3 of the Rules of Professional Conduct addresses a lawyer's responsibilities relating to non-lawyer assistants. Following the commentary to Rule 5.3 is Provisional Order No. 18, issued by the Rhode Island Supreme Court, which sets forth guidelines for lawyers in the use of legal assistants. Guideline 10 of Provisional Order No. 18 entitled "Use of Legal Assistants," states as...