111413 RIEO, 13-04

Case DateNovember 14, 2013
CourtRhode Island
13-04
Opinion No. 2013-04
Rhode Island Ethics Opinions
Rhode Island Supreme Court
November 14, 2013
         FACTS          The inquiring attorney is a member of the city council in a municipality. The inquiring attorney seeks an opinion about whether he/she may represent clients in Rhode Island District Court and the Rhode Island Traffic Tribunal in cases where charges are brought against individuals by the municipality. By city charter, the city council appoints a city solicitor. By practice, the city solicitor selects two deputy solicitors who are approved by the city council. One of the deputy solicitors serves as the prosecutor. The city charter prohibits council members from interfering in any way with any divisions of the administration or with any department.          An acquaintance of the inquiring attorney has asked the inquiring attorney to represent his two sons who were charged by the city with possession of marijuana, obstruction of justice, and simple assault. The inquiring attorney has explained to the individuals that he/she is a city council member, and the individuals waived any claim of conflict of interest. The deputy solicitor assigned to the case has recused himself from the matter. The city solicitor has informed the inquiring attorney that he/she appoints a “pro tempore solicitor” in matters where the solicitor and both deputies have conflicts of interest.          ISSUE PRESENTED          May the inquiring attorney who is a city council member represent clients who were charged by the city with possession of marijuana, obstruction of justice, and simple assault, in Rhode Island District Court and in Rhode Island Traffic Tribunal?          OPINION          The inquiring attorney, a city council member, may represent in Rhode Island District Court and the Rhode Island Traffic Tribunal two individuals charged by the city’s police department with possession of marijuana, obstruction of justice, and simple assault, provided he/she complies with the waiver provisions of paragraph (b) of Rule 1.7; and provided further that he/she complies with Rule 1.7 as it relates to the simultaneous representation of the two individuals.          REASONING
Rule 1.7 entitled “Conflict of interest: Current clients” is pertinent to this inquiry. 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
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