081017 RIEO, ETH 2017-04

• Case Date: August 10, 2017
• Court: Rhode Island

ETH 2017-04 Ethics Advisory Panel Op. 2017-04 Rhode Island Ethics Opinions Rhode Island Supreme Court August 10, 2017           FINAL          Issued          FACTS          The inquiring attorney represents a former employee of a city in pending lawsuits against the city. Pursuant to an amendment to the city charter that authorizes the city council to retain its own legal counsel, the inquiring attorney was recently confirmed as the council’s legal counsel. The inquiring attorney explains that the scope of his/her representation of the city council is limited to providing legal advice to the council where there is a question or disagreement with an opinion of the solicitor, or in cases where the council and the mayor’s office disagree. He/she states that settlement of claims against the city is outside the scope of his/her representation of the council. He/she further states that claims under the jurisdiction of the council are heard by the council’s claims committee that, with the advice of the solicitor, makes recommendations to the full council.          ISSUE PRESENTED          The inquiring attorney, who represents a client in pending litigation against the city, asks whether he/she would have a conflict of interest if he/she serves as legal counsel to the city council under this arrangement.          OPINION          The inquiring attorney’s representation of the city council would constitute a conflict of interest under Rule 1.7. The inquiring attorney may serve as legal counsel to the city council, however, provided that all the requirements of Rule 1.7(b) are satisfied, including obtaining the informed consent, confirmed in writing, of the city council and of the former city employee.          REASONING          The facts of this inquiry are governed by Rule 1.7 of the Rules of Professional Conduct.          The Rule states:

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

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