031016 RIEO, 2016-01

• Case Date: March 10, 2016
• Court: Rhode Island

2016-01 Ethics Advisory Panel Op. 2016-01 Rhode Island Ethics Opinions Rhode Island Supreme Court March 10, 2016           FINAL          FACTS:          The inquiring attorney and his/her law firm (Law firm A) have been retained by an insurance company to represent its insured, which is the owner and lessor of a vehicle that was involved in an accident. The plaintiff subrogor in the case is represented by a law firm (Law firm B) that Law firm A currently represents in an unrelated matter. The inquiring attorney states that the attorney from Law firm B who represents the plaintiff subrogor is not involved in the unrelated matter. The inquiring attorney seeks the Panel's advice about whether it is a conflict of interest to represent the insured under these circumstances.          ISSUE PRESENTED:          The inquiring attorney asks whether it is a conflict of interest under Rule 1.7 of the Rules of Professional Conduct to represent the insured when his/her law firm is also currently representing opposing counsel's law firm in an unrelated matter.          OPINION:          The inquiring attorney and his/her law firm must make a good faith professional evaluation of relevant factors to decide whether under Rule 1.7(a)(2) the concurrent representation will present a significant risk that the representation of either client will be materially limited. If they conclude that such a risk exists, the inquiring attorney and his/her law firm may represent the insured if they further comply with paragraph (b) of Rule 1.7.          REASONING:          The Rule of Professional Conduct that applies to this inquiry is Rule 1.7 entitled "Conflict of interest: Current Clients." It states as follows.

Rule 1.7. Conflict of interest: Current clients, (a) Except as provided in paragraph (b), a lawyer shall not represent a client if the representation involves a concurrent conflict of interest. A concurrent conflict of interest exists if:

(1) the representation of one client will be directly adverse to another client; or

(2) there is a significant risk that the representation of one or more clients will be materially limited by the lawyer's responsibilities to another client, a former client or a third person or by a personal interest of the lawyer.

(b) Notwithstanding the existence of a concurrent conflict of interest under paragraph (a), a lawyer may represent a client if:

(1) the lawyer reasonably believes that the lawyer will be able to provide competent

...