I'm a lawyer employed by a state agency. Can I represent private clients before other state agencies?

Plain-English summary

The inquiring attorney, employed by a state agency, asked whether he may represent private clients before state agencies other than the one in which he is employed.

The panel took the position that as long as no overlapping interests exist between the attorney's state agency employment and the potential clients, the attorney may represent those clients before other state agencies if the conflict-of-interest provisions of Rule 1.7 of the Rhode Island Rules of Professional Conduct are met.

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 1.7 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, which renumbered and amended several provisions, including Rule 1.7. 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 Treat this page as historical context, not current guidance.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: Can a state-agency lawyer take private clients before other agencies?

A: Under this opinion, yes, with conditions. The panel concluded the attorney may do so if there is no overlapping interest between the agency employment and the clients, and the Rule 1.7 conflict provisions are met.

Q: What is the limiting condition?

A: Per the opinion, no overlapping interests may exist between the attorney's state agency employment and the potential clients, and the representation must satisfy Rule 1.7.

Q: What rule governs the conflict analysis?

A: The panel pointed to Rule 1.7 (Conflict of Interest: General Rule) as the governing conflict provision.

Background and rules framework

The opinion applies Rule 1.7 (Conflict of Interest: General Rule), corresponding to Model Rule 1.7, which addresses representation directly adverse to another client or materially limited by the lawyer's other responsibilities or interests, absent informed consent. The panel conditioned the private representation on the absence of overlapping interests with the attorney's agency work and on satisfying Rule 1.7.

Citations and references

Rules of Professional Conduct:

• MR 1.7 (conflict of interest: current clients)
• RI RPC 1.7

Statutes:

• None cited.

Cases:

• None cited.

Other opinions cited:

• None cited.

See also

• RI EAP Op. 91-51: Successive Government Practice and the One-Year Bar
• RI EAP Op. 91-58: Serving as Both Director and Counsel to a Credit Union

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%2091-63.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 #91-63, Request #130
Issued September 19, 1991

An attorney seeks Panel advice as to whether or not he may represent private clients before state agencies, outside of the state agency in which he is now employed.

The Panel takes the position that as long as no overlapping interests exist between one's state agency employment and potential clients, one may represent those clients before other state agencies if the conflict of interest provisions of Rule 1.7 of the Rhode Island Rules of Professional Conduct are met.