I'm a part-time Probate Judge appointed by my town's Town Council. Can I still represent private clients before that town's Planning Board and Zoning Board?

Plain-English summary

The attorney is the Probate Judge of "Town T," appointed to that position by the Town Council; the Probate Judgeship is a part-time position. He asked the panel whether, in his capacity as an attorney at law, he may represent clients before the Planning Board and the Zoning Board of Town T.

The panel quoted Rule 1.7(b), barring a lawyer from representing a client if the representation may be materially limited by the lawyer's own interests, unless the lawyer reasonably believes the representation will not be adversely affected and the client consents after consultation. The panel found that representing clients before the Planning Board or Zoning Board does not involve any conflict between the interests of the attorney's clients and those of his appointing authority (the Town Council), nor would such representation conflict with the attorney's position in Probate Court. On that basis, the panel held that Rule 1.7 is not applicable and that the attorney may properly represent clients before either the Planning Board or the Zoning Board of Town T.

Currency note

This opinion was issued in 1990, after the Rhode Island Supreme Court adopted the Model Rules of Professional Conduct effective November 15, 1988, and it applies Rule 1.7 as originally adopted. The precise issuance date is not legible in the scanned source; the opinion falls within the panel's 1990 series. 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 Treat this page as historical context, not current guidance.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 holding a part-time judicial appointment from my town bar me from representing private clients before that town's other boards?

A: Not under this opinion. The panel held that representing clients before the Planning Board or Zoning Board does not conflict with the interests of the attorney's appointing authority or with his position in Probate Court, so Rule 1.7 does not apply.

Q: What would Rule 1.7(b) require if a conflict did exist?

A: Per the opinion, Rule 1.7(b) would bar the representation unless the lawyer reasonably believes it will not be adversely affected by the lawyer's own interests and the client consents after consultation, but the panel found no such conflict existed on these facts.

Q: Does the Probate Judgeship itself, separate from the appointing Town Council, create a conflict with board representation?

A: No. The panel specifically found that such representation would not involve a conflict between the client's interests and the attorney's position in Probate Court either.

Background and rules framework

The opinion applies Rule 1.7(b) of the Rhode Island Rules of Professional Conduct, as adopted effective November 15, 1988, governing conflicts arising from a lawyer's own interests, to an inquiry about a part-time Probate Judge representing private clients before other municipal boards of the same town.

Citations and references

Rules of Professional Conduct:

• MR 1.7 (conflict of interest: general rule)
• RI RPC 1.7(b), as adopted November 15, 1988

Statutes:

• None cited.

Cases:

• None cited.

Other opinions cited:

• None cited.

See also

• RI EAP Op. 90-11: Rule 1.7 Zoning Board Appearance
• RI EAP Op. 90-14: City Solicitor Position Conflicts Out Firm From Suing City

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%2090-28.pdf

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain; the linked PDF is authoritative. The opinion's request number and issuance date were not legible in the scanned source and are omitted here rather than guessed.

DIGEST OF ETHICS ADVISORY PANEL

An attorney seeks Panel advice as to whether he may properly represent certain clients under the circumstances he describes.

The attorney advises the Panel that he is the Probate Judge of Town T, and is appointed to that position by the Town Council. The Probate Judgeship is a part-time position; the attorney asks the Panel whether, in his capacity as attorney at law he may represent clients before the Planning Board and the Zoning Board of Town T.

Rule 1.7, titled "Conflict of Interest: General Rule" provides,

(b) A lawyer shall not represent a client if the representation of that client may be materially limited . . . by the lawyer's own interests, unless:

(1) the lawyer reasonably believes the representation will not be adversely affected; and

(2) the client consents after consultation

Representing clients before the Planning Board or the Zoning Board does not involve any conflict between the interests of the attorney's client and those of the attorney's appointing authority. Nor would such representation involve a conflict between the interests of the attorney's client and the attorney's position in the Probate Court. The Panel therefore takes the position that Rule 1.7 is not applicable and that the attorney may properly represent clients before either the Planning Board or the Zoning Board of Town T.

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.