ETH 2016-02 Ethics Advisory Panel Op. 2016-02 Rhode Island Ethics Opinions
Rhode Island Supreme Court April 28, 2016 FINAL FACTS The inquiring attorney recently returned to private law practice in the real estate and commercial litigation department of a law firm. Before joining the law firm, he/she was an assistant city solicitor. As an assistant solicitor, the inquiring attorney prosecuted liquor, entertainment, and other license violations on behalf of the city before the board of licenses. He/she represented the city in appeals from the board’s decisions. The inquiring attorney also represented the city in tax appeal litigation, personal injury cases, and as lead prosecutor before the city’s housing court regarding violations of the city’s various codes and zoning ordinances. While the foregoing represented the majority of the inquiring attorney’s assignments, from time to time, he/she attended meetings of the city’s zoning board of review and other boards and committees. The inquiring attorney has presented various hypothetical scenarios for the Panel’s consideration.
ISSUE PRESENTED The inquiring attorney, a former assistant city solicitor, asks whether he/she may now represent private clients before the city’s various boards, agencies, and courts, before which he appeared on behalf of the city.
OPINION When deciding the propriety of client representation in matters relating to the city and in matters to be litigated before the city’s boards, commissions, or courts, the inquiring attorney and lawyers in his/her law firm are subject to Rule 1.11(a), (b), (c) and (e).
REASONING The inquiry lacks specific facts. Therefore the Panel is limited to providing general guidance in response to this inquiry. The inquiring attorney is a former government employee. Therefore, Rule 1.11 entitled “Special conflicts of interest for former and current government officers and employees,” applies. Rule 1.11. Special conflicts of interest for former and current government officers and employees. (a) Except as law may otherwise expressly permit, a lawyer who has formerly served as a public officer or employee of the government:
(1) is subject to Rule 1.9(c); and
(2) shall not otherwise represent a client in connection with a matter in which the lawyer participated personally and substantially as a public officer or employee, unless the appropriate government agency
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