121318 RIEO, ETH 2018-04

• Case Date: December 13, 2018
• Court: Rhode Island

ETH 2018-04 Ethics Advisory Panel Op. 2018-04 Rhode Island Ethics Opinion Rhode Island Supreme Court December 13, 2018          FACTS          The inquiring attorney is a former judge who resigned and who has resumed the practice of law. He/she seeks the Panel’s guidance regarding representing clients in matters that are before the court in which he/she served as a judge.          ISSUE PRESENTED          May the inquiring attorney, who was a former judge, represent clients in matters before the court on which he/she served as a judge?          OPINION          The inquiring attorney, a former judge, may represent clients in matters before the court on which he/she served as a judge, provided that the attorney does not represent clients in matters in which he/she participated personally and substantially as a judge.          REASONING          Rule 1.12 of the Rules of Professional Conduct entitled “Former judge, arbitrator, mediator or other third-party neutral” is applicable to this inquiry. Rule 1.12 states as follows:

(a)Except as stated in paragraph (d), a lawyer shall not represent anyone in connection with a matter in which the lawyer participated personally and substantially as a judge or other adjudicative officer or law clerk to such a person or as an arbitrator, mediator or other third-party neutral, unless all parties to the proceeding give informed consent, confirmed in writing.

(b) A lawyer shall not negotiate for employment with any person who is involved as a party or as lawyer for a party in a matter in which the lawyer is participating personally and substantially as a judge or other adjudicative officer or as an arbitrator, mediator or other third-party neutral. A lawyer serving as a law clerk to a judge or other adjudicative officer may negotiate for employment with a party or lawyer involved in a matter in which the clerk is participating personally and substantially, but only after the lawyer has notified the judge or other adjudicative officer.

(c) If a lawyer is disqualified by paragraph (a), no lawyer in a firm with which that lawyer is associated

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