I was discharged from a PI case and filed an attorney's lien with the new lawyer, who settled and ignored my lien. Did he violate Rule 1.15, and do I have to report him under Rule 8.3?

Plain-English summary

The inquiring attorney had represented a client in a personal injury matter. The client discharged the inquiring attorney and retained Attorney B. The inquiring attorney filed an attorney's lien with Attorney B for services rendered. When Attorney B settled the case, he or she did not honor the lien and did not notify the inquiring attorney about the settlement. After the inquiring attorney confronted Attorney B, B acknowledged the lien but refused to honor it. The inquiring attorney asked whether Attorney B violated Rule 1.15 and, if so, whether the inquiring attorney had a duty to report the violation under Rule 8.3.

The panel set out Rule 8.3(a), under which a lawyer who has knowledge that another lawyer has committed a violation raising a substantial question about that lawyer's honesty, trustworthiness, or fitness must inform the appropriate professional authority.

The panel stated it was not provided a sufficient amount of facts to properly opine that Attorney B committed a violation. It concluded that, according to Rule 8.3, if the inquiring attorney has knowledge that Attorney B committed a rule violation that questions Attorney B's honesty, trustworthiness, or fitness, then the inquiring attorney shall inform Disciplinary Counsel.

Currency note

This opinion was issued in 1995, after the Rhode Island Supreme Court adopted the Model Rules of Professional Conduct effective November 15, 1988, and it applies Rules 8.3 and 1.15 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 Treat this page as historical context, not current guidance.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: Did the panel decide that Attorney B violated Rule 1.15?

A: No. The opinion stated it was not provided sufficient facts to opine that Attorney B committed a violation.

Q: When would prior counsel have to report Attorney B?

A: The opinion held that the inquiring attorney must inform Disciplinary Counsel only if he or she has knowledge that Attorney B committed a rule violation raising a substantial question about B's honesty, trustworthiness, or fitness under Rule 8.3.

Q: Was refusing to honor the lien enough to require a report?

A: The opinion did not treat the refusal, on the facts given, as automatically establishing a reportable violation; it tied any reporting duty to the inquiring attorney's knowledge of a qualifying Rule 8.3 violation.

Background and rules framework

The opinion applied Rhode Island Rules of Professional Conduct 8.3 (Model Rule 8.3) and 1.15 (Model Rule 1.15). Rule 8.3(a) conditions the mandatory reporting duty on the lawyer's knowledge of another lawyer's violation that raises a substantial question of honesty, trustworthiness, or fitness. Rule 1.15 supplied the underlying safekeeping obligation the inquiring attorney believed had been breached, but the panel found the record too thin to conclude a violation had occurred.

Citations and references

Rules of Professional Conduct:

• Model Rule 8.3 / RI RPC 8.3(a) (reporting professional misconduct; knowledge of a qualifying violation)
• Model Rule 1.15 / RI RPC 1.15 (safekeeping property; underlying lien obligation)

See also

• RI EAP Op. 95-10: Reporting another lawyer's admitted misappropriation of client funds
• RI EAP Op. 97-22: Duty to report trust-account misuse
• RI EAP Op. 90-13: Reporting duty over prior counsel's lien and quantum meruit fee on discharge

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%2095-30.pdf

Original opinion text

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

FINAL

ETHICS ADVISORY PANEL
OPINION # 95-30, Request # 593
Issued July 13, 1995

The inquiring attorney represented a client in a personal injury matter. The client discharged the inquiring attorney and retained Attorney B. The inquiring attorney filed an attorney's lien with Attorney B for services rendered. When Attorney B settled the case, he/she did not honor the lien and did not notify the inquiring attorney about the settlement. The inquiring attorney confronted Attorney B who acknowledged the lien yet refused to honor it. The inquiring attorney asks whether B violated Rule 1.15 and if so, does he/she have the duty to report the violation under Rule 8.3.

Rule 8.3 entitled "Reporting Professional Misconduct" states the following:

(a) A lawyer having knowledge that another lawyer has committed a violation of the Rules of Professional Conduct that raises a substantial question as to that lawyer's honesty, trustworthiness or fitness as a lawyer in other respects, shall inform the appropriate professional authority.

The Panel was not provided a sufficient amount of facts to properly opine that Attorney B committed a violation. According to Rule 8.3, if the inquiring attorney has knowledge that Attorney B committed a Rule violation that questions Attorney B's honesty, trustworthiness or fitness then he/she shall inform the Disciplinary Counsel.