I'm suspended from practice. Can I still serve as an arbitrator under the Superior Court Arbitration Rules?

Plain-English summary

The inquiring attorney asked whether the attorney, while suspended from the practice of law, may serve as an arbitrator under the Superior Court Arbitration Rules.

The panel took the position that, as a suspended attorney, the attorney does not qualify to be selected as an arbitrator. The panel based its decision on Superior Court Arbitration Rule 2(b), which states in part that an arbitrator shall have been a member of the Rhode Island Bar in good standing for at least ten years.

Currency note

This opinion was issued in 1992, after the Rhode Island Supreme Court adopted the Model Rules of Professional Conduct effective November 15, 1988. The panel here applied Superior Court Arbitration Rule 2(b) as it then stood; that rule may since have been amended. 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 Treat this page as historical context, not current guidance.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 requirement mentioned here.

Common questions

Q: Can a suspended lawyer serve as an arbitrator?

A: Per the opinion, no. A suspended attorney does not qualify to be selected as an arbitrator under the Superior Court Arbitration Rules.

Q: What rule did the panel rely on?

A: Per the opinion, Superior Court Arbitration Rule 2(b), which requires that an arbitrator have been a member of the Rhode Island Bar in good standing for at least ten years.

Background and rules framework

The opinion does not turn on a numbered Rule of Professional Conduct. The panel applied the eligibility criterion in Superior Court Arbitration Rule 2(b), which conditions selection as an arbitrator on membership in the Rhode Island Bar in good standing for at least ten years, a status a suspended attorney does not hold.

Citations and references

Rules of Professional Conduct:

• None cited. The panel applied Superior Court Arbitration Rule 2(b) (arbitrator eligibility).

Statutes:

• None cited.

Cases:

• None cited.

Other opinions cited:

• None cited.

See also

• RI EAP Op. 92-05: Serving as a Party-Appointed Arbitrator
• RI EAP Op. 90-12: Cannot Hire a Suspended Attorney as a Paralegal Under Provisional Order 18
• RI EAP Op. 91-71: A Fee-Division Agreement With a Lawyer Who Was Later Suspended

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%2092-13.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 #92-13, Request #222
Issued January 14, 1992

An attorney seeks Panel advice as to whether the attorney, while suspended from the practice of law, may serve as an arbitrator under the Superior Court Arbitration Rules.

The Panel is of the opinion that as a suspended attorney, the attorney does not qualify to be selected as an arbitrator. The Panel bases its decision on Superior Court Arbitration Rule 2(b), which states in part, "an arbitrator shall have been a member of the Rhode Island Bar in good standing for at least ten years."