022114 RIEO, 14-02

• Case Date: February 21, 2014
• Court: Rhode Island

14-02 Ethics Advisory Panel Op. 2014-02 Rhode Island Ethics Opinions Rhode Island Supreme Court February 21, 2014          FACTS          Attorney A and Attorney B, who is the inquiring attorney, are attorneys in a law firm. Attorney B proposes to serve as the lawyer for a municipality's pension board. Attorney A represents unions for employees of the municipality. Attorney A also represents individual union members, and individual retired employees who were members of the union. On behalf of the unions, Attorney A negotiates with the municipality in pursuit of collect bargaining agreements, and files grievances and lawsuits related to the collect bargaining agreements, against the municipality. Attorney A recently represented a firefighter before the pension board in his application for a service-related disability pension. Attorney A currently represents several municipal employees who are union members in their appeal from a decision of a superior court judge who reversed an arbitrator's decision relating to the manner in which disability pensions are calculated. Attorney A had represented the union members in proceedings below.          The pension board is a five-member board created by the municipal charter. Members are appointed by the municipal council. The pension board is charged with the administration of the retirement plans for the municipality's police, fire, and other employees, excepting employees of the school department. Administration of the retirement plans includes establishing regulations related to applications for benefits, making individual disability determinations, conducting recertification of disabilities, ensuring that applicants are eligible for benefits, calculating benefits, and investing funds appropriated by the municipality and withheld from employee wages for the pension fund. Pursuant to the municipality's request for qualifications for legal services, a lawyer for the pension board will provide general legal advice and counsel to the pension board, will negotiate and review contracts for the board, will represent the board in the appeals process and in the various courts, and will "address other matters as delegated by the board."          Pursuant to the response to the municipality's request for qualifications for legal services, Attorney B is designated as the primary provider of legal services to the pension board, and each of the law firm's attorneys would be available to Attorney B for consultation...