060817 RIEO, ETH 2017-03

Case DateJune 08, 2017
CourtRhode Island
ETH 2017-03
Ethics Advisory Panel Op. 2017-03
Rhode Island Ethics Opinions
Rhode Island Supreme Court
June 8, 2017
          FINAL          FACTS          The inquiring attorney was recently named to the board of a not-for-profit organization that is involved in elections law and elections law reform. The inquiring attorney states that he/she will not represent the organization in court, prepare legal documents, or otherwise provide legal services to the organization. A client of the inquiring attorney’s law firm is a board of elections.          Over the last five-year period the organization has filed two administrative complaints against the law firm’s board-of-elections client, one relating to access to public records, and the other relating to open meetings. The inquiring attorney has disclosed a potential conflict of interest to the organization. Should the organization’s board plan to discuss at a board meeting matters involving the board-of-elections client, the organization and the inquiring attorney have agreed that the inquiring attorney would neither attend the meeting nor receive minutes of the meeting.          ISSUE PRESENTED          The inquiring attorney asks whether he/she may serve on the board of an organization involved in elections law and elections law reform where the inquiring attorney’s law firm represents a board of elections.          OPINION          Rule 6.4 of the Rules of Professional Conduct permits the inquiring attorney to serve on the board of an organization involved in elections law and elections law reform where a board of elections is a client of the inquiring attorney’s law firm. Rule 1.7 may apply should future claims arise between the organization and the client.          REASONING          The public service provisions of the Rules of Professional Conduct permit lawyers to participate as board members of legal services organizations and organizations whose activities relate to law reform. Rule 6.3, entitled “Membership in legal services organization,” states:
Rule 6.3. Membership in legal services organization. A
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