I left a job in the state Executive Department to enter private practice. Can I represent private clients before that department right away?

Plain-English summary

The inquiring attorney sought advice concerning the attorney's ethical obligations in present private practice in light of past government employment. The attorney had been employed in the Executive Department of the state government.

The panel took the position that Rhode Island Rule of Professional Conduct 1.11 and Rhode Island General Laws § 36-14-5, 1956, as amended, prohibit the attorney from representing a private client before the Executive Department, or from appearing before the Executive Department, for one year from the date the attorney was separated from employment in the Executive Department.

Currency note

This opinion was issued in 1991, after the Rhode Island Supreme Court adopted the Model Rules of Professional Conduct effective November 15, 1988, and it applies Rule 1.11 together with Rhode Island's Code of Ethics statute. The Rhode Island Supreme Court later revised the Rules of Professional Conduct in 2007 as part of the nationwide Ethics 2000 process, which renumbered and amended several provisions, and the cited statute may have been amended. Subsequent rule or statutory 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 Treat this page as historical context, not current guidance.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: Can a former government lawyer immediately appear before their old department?

A: Under this opinion, no. The panel concluded a one-year bar applies to representing private clients before, or appearing before, the Executive Department after separation.

Q: What sources did the panel rely on for the one-year bar?

A: The panel relied on Rule 1.11 and Rhode Island General Laws § 36-14-5, the state's Code of Ethics statute.

Q: When does the one-year period start?

A: The panel measured the one year from the date the attorney was separated from employment in the Executive Department.

Background and rules framework

The opinion applies Rule 1.11 (Successive Government and Private Employment), corresponding to Model Rule 1.11, together with Rhode Island General Laws § 36-14-5. The panel read these authorities to impose a one-year "revolving door" bar on a former Executive Department lawyer's representation of private clients before, or appearances before, that department.

Citations and references

Rules of Professional Conduct:

• MR 1.11 (special conflicts for former and current government officers and employees)
• RI RPC 1.11

Statutes:

• Rhode Island General Laws § 36-14-5, 1956, as amended (Code of Ethics).

Cases:

• None cited.

Other opinions cited:

• None cited.

See also

• RI EAP Op. 95-33: Screening a Former Government Lawyer
• RI EAP Op. 91-03: Agency Job Adverse to a Former Non-Lawyer Employer
• RI EAP Op. 95-16: Police-Prosecutor Defending Clients

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%2091-18.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 #91-18, Request #149
Issued May 23, 1991

An attorney seeks Panel advice concerning the attorney's ethical obligations as they relate to the attorney's present practice of law in light of past government employment. The attorney was employed in the Executive Department of the state government.

The Panel takes the position that Rhode Island Rule of Professional Conduct 1.11 and Rhode Island General Laws § 36-14-5, 1956, as amended, prohibit the attorney from representing a private client before the Executive Department or from appearing before the Executive Department for one year from the date the attorney was separated from employment in the Executive Department.

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.