121117 RIEO, ETH 2017-06

• Case Date: December 11, 2017
• Court: Rhode Island

ETH 2017-06 Ethics Advisory Panel Op. 2017-06 Rhode Island Ethics Opinion Rhode Island Supreme Court December 11, 2017          FACTS          The inquiring attorney is employed as staff counsel at a nonprofit corporation (Company A) which he/she currently represents in several matters against a for-profit company (Company B). The inquiring attorney recently began pursuing an employment opportunity with another non-profit corporation (Company C). During discussions with Company C, the inquiring attorney learned that Company B’s parent company is a dues-paying member of Company C. Company C’s membership includes individuals, nonprofit corporations, and for-profit corporations. The inquiring attorney states that members of Company C have no governance rights within the organization, and its articles of incorporation and by-laws provide no role whatsoever for its members. He/she states that Company C is autonomous. It regularly takes positions adverse to positions of its members, and has publicly opposed certain actions and positions taken by Company B’s parent company. The inquiring attorney further states that individuals and corporations join Company C because they find the company’s advocacy to be valuable. The inquiring attorney asks whether he/she has a conflict of interest under Rule 1.7 of the Rules of Professional Conduct          ISSUE PRESENTED          The inquiring attorney asks whether he/she has a conflict of interest in representing Company A against Company B while he/she is pursuing an employment opportunity with Company C.          OPINION          It is not a conflict of interest under Rule 1.7 for the inquiring attorney to pursue employment with Company C during his/her representation of Company A in litigation against Company B whose parent company is a member of Company C.          REASONING          Rule 1.7 entitled “Conflicts of interest. Current clients” is applicable to this inquiry. 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

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