110917 RIEO, ETH 2017-05

Case DateNovember 09, 2017
CourtRhode Island
ETH 2017-05
Ethics Advisory Panel Op. 2017-05
Rhode Island Ethics Opinions
Rhode Island Supreme Court
November 9, 2017
         Request #1054          Final          FACTS          The inquiring attorney represented individuals in the formation of a real estate investment company (hereinafter, Company A). Company A has located a potential real estate deal in which it would be a minority investor in Company B. Company B is developing a parcel of property located in Massachusetts (hereinafter, the Development). The inquiring attorney proposes to represent Company A who would be investing with others in the Development.          Company B is an affiliate of real estate developer Company C. Company C is a client of the inquiring attorney’s former law firm. While he/she was an associate at the law firm, the inquiring attorney worked with other lawyers in the firm on several of Company C’s real estate developments. The inquiring attorney states that given the lapse of time, any confidential information he/she may have acquired in the representation of Company C is likely stale. The legal services that the inquiring attorney provided to Company C were unrelated to the Development.          ISSUE PRESENTED          The inquiring attorney asks whether he/she has a conflict of interest in the representation of Company B which is an affiliate of a former client, Company C, and whether consent is required.          OPINION          The inquiring attorney may undertake the representation of Company A in a real estate investment transaction with Company B, an affiliate of his/her former client Company C, without the consent of Company C. The inquiring attorney must abide by Rule 1.9(c) regarding information relating to the former representation.          REASONING          The Rule of Professional Conduct that informs this inquiry is Rule 1.9 entitled “Duties to Former Client”. The rule states as follows:          Rule 1.9. Rule 1.9. Duties to former client.
(a) A lawyer who has formerly represented a client in a matter shall not thereafter represent
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