My law license was suspended, but I'm still serving as an administrator (represented by counsel) in one probate estate and as a co-executor (unrepresented) in another. Can I keep serving in these roles during my suspension?

Plain-English summary

The attorney's license to practice law in Rhode Island had been suspended by the Supreme Court. He was serving as an administrator, represented by counsel, in one probate estate, and as a co-executor, unrepresented by counsel, in another. He asked the panel whether he ought to continue serving in these capacities.

The panel stated it is well settled that a lawyer is bound by applicable rules of professional conduct whether or not acting in a professional capacity, citing ABA Formal Opinion 336. It quoted Rule 8.4(d), which makes it professional misconduct for a lawyer to engage in conduct prejudicial to the administration of justice. The panel noted that American courts have been nearly unanimous in concluding that suspended attorneys may not properly make appearances in court, a ban extending even to courts such as small claims court where lay persons may appear, citing Application of Christianson, 215 N.W.2d 920 (N.D. 1974). Courts have reasoned that there is a great distinction between a person who, once admitted to the bar, is deemed temporarily unfit to practice, and one who has never sought admission to the bar; for a suspended attorney to publicly engage in quasi-legal activities, even those a lay person might properly carry on, would be detrimental to the judicial system, citing The Florida Bar v. Thomson, 310 So.2d 300, 87 A.L.R.3d 272 (Fla. 1975), and the annotation Legal Services by Suspended Attorney, 87 A.L.R.3d 279. On that basis, the panel held that for the attorney to act as administrator, even though represented by counsel, or as a co-executor during the term of his suspension would be a violation of Rule 8.4(d).

Currency note

This opinion was issued in May 1990, after the Rhode Island Supreme Court adopted the Model Rules of Professional Conduct effective November 15, 1988, and it applies Rule 8.4(d) as originally adopted. The Rhode Island Supreme Court later revised the Rules of Professional Conduct in 2007 as part of the nationwide Ethics 2000 process. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule mentioned here.

Common questions

Q: Does a law license suspension affect roles I hold that aren't strictly "practicing law," like serving as an estate administrator?

A: Yes, according to this opinion. The panel held that continuing to act as administrator, even represented by counsel, or as a co-executor during a suspension would violate Rule 8.4(d)'s bar on conduct prejudicial to the administration of justice.

Q: Does being represented by counsel in the fiduciary role change the analysis?

A: No. The panel's holding covered the administrator role "represented by counsel" as well as the unrepresented co-executor role; both were found improper to continue during suspension.

Q: Are the Rules of Professional Conduct binding on a suspended lawyer acting outside a traditional legal-representation capacity?

A: Yes. The panel stated it is well settled that a lawyer is bound by applicable rules of professional conduct whether or not acting in a professional capacity, citing ABA Formal Opinion 336.

Background and rules framework

The opinion applies Rule 8.4(d) of the Rhode Island Rules of Professional Conduct, as adopted effective November 15, 1988, making conduct prejudicial to the administration of justice professional misconduct, together with case law holding that suspended attorneys may not engage in quasi-legal public activities during suspension, to an inquiry about continuing to serve as a probate estate administrator and co-executor while under suspension.

Citations and references

Rules of Professional Conduct:

• MR 8.4(d) (misconduct prejudicial to the administration of justice)
• RI RPC 8.4(d), as adopted November 15, 1988

Statutes:

• None cited.

Cases:

• Application of Christianson, 215 N.W.2d 920 (N.D. 1974), cited for the rule that suspended attorneys may not properly make appearances in court, even in courts where lay persons may appear.
• The Florida Bar v. Thomson, 310 So.2d 300, 87 A.L.R.3d 272 (Fla. 1975), cited for the principle that a suspended attorney publicly engaging in quasi-legal activities is detrimental to the judicial system.

Other opinions cited:

• ABA Formal Opinion 336 (issued June 3, 1974), cited for the proposition that the Rules of Professional Conduct bind a lawyer whether or not he is acting in his professional capacity.

See also

• RI EAP Op. 90-12: Provisional Order 18

Source

• Landing page: https://www.courts.ri.gov/attorney-resources/Pages/Ethics-Advisory-Panel-default.aspx
• Original PDF: https://www.courts.ri.gov/Opinions/EAP%2090-22.pdf

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain; the linked PDF is authoritative.

DIGEST OF ETHICS ADVISORY PANEL
OPINION 90-22, REQUEST #101
Issued May 31, 1990

An attorney seeks Panel advice as to the propriety of serving in certain capacities under the circumstances he describes.

The attorney advises the Panel that his license to practice law in this state has been suspended by the Supreme Court. The attorney states that he is an administrator represented by counsel in a probate estate and that he is a co-executor unrepresented by counsel in another probate estate. He asks whether he ought to continue to serve in these capacities.

It is well settled that a lawyer is bound by applicable rules of professional conduct whether or not he or she is acting in a professional capacity. See ABA Formal Opinion 336 (6/3/74). Rule 8.4, titled "Misconduct" provides, in pertinent part:

It is professional misconduct for a lawyer to:

(d) engage in conduct that is prejudicial to the administration of justice.

American courts have been nearly unanimous in concluding that suspended attorneys may not properly make appearances in court. This ban extends to courts such as small claims court in which lay persons may appear. Application of Christianson, N.D. Supr., 215 N.W.2d 920 (1974). Courts have reasoned that there is a great distinction between a person who, once admitted to the bar, is deemed temporarily unfit to practice and one who has never sought admission to the bar. For a suspended attorney to publicly engage in quasi-legal activities, even those which might be properly carried on by a lay person would be detrimental to the judicial system. The Florida Bar v. Thomson, 310 So.2d 300, 87 A.L.R.3d 272 (1975); Legal Services by Suspended Attorney, 87 A.L.R.3d 279.

The Panel therefore takes the position that for the attorney to act as administrator represented by counsel or as a co-executor during the term of his suspension from the practice of law would be a violation of Rule 8.4(d).

Ethics Advisory Panel advice is protective in nature. There is no requirement that an attorney abide by a Panel opinion, but if he or she does, he or she is fully protected from any charge of impropriety.