A court clerk is out on serious medical leave. Can I set up a fund and ask other lawyers to donate, or chip in to the one the clerk's co-workers already started?

Plain-English summary

A clerk of one of the courts had a medical condition requiring an extended leave for treatment, and co-workers had established a fund to provide financial assistance to the clerk and the clerk's family. The inquiring attorney proposed to set up a similar fund through a local bank and to solicit donations for the clerk from other lawyers, and asked whether doing so, or contributing to the existing fund, was appropriate under the Rules of Professional Conduct.

The panel concluded that the Rules of Professional Conduct do not prohibit contributing donations to the existing fund, establishing a separate fund, or soliciting donations for the clerk, for the purpose of providing financial assistance during the clerk's illness and treatment. The panel added that its guidance was restricted to interpretations of the Rules of Professional Conduct and did not reach issues under the State Ethics Code or any other rules, regulations, or laws bearing on the inquiry.

Currency note

This opinion was issued in May 1999, after the Rhode Island Supreme Court adopted the Model Rules of Professional Conduct effective November 15, 1988. The panel resolved the inquiry under the Rules of Professional Conduct generally without citing a specific numbered rule. 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 Treat this page as historical context, not current guidance.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 anything mentioned here.

Common questions

Q: Do the conduct rules bar a lawyer from raising money for a court clerk?

A: No. The opinion concluded the Rules of Professional Conduct do not prohibit contributing to the existing fund, establishing a separate fund, or soliciting donations from other lawyers to assist the clerk during illness and treatment.

Q: Did the panel say this was allowed under every applicable body of law?

A: No. The opinion expressly limited its guidance to the Rules of Professional Conduct and stated it did not extend to the State Ethics Code or any other rules, regulations, or laws that may bear on the inquiry.

Background and rules framework

The panel resolved the inquiry under the Rhode Island Rules of Professional Conduct as a whole, concluding that nothing in them prohibited the proposed charitable fund or solicitation of donations from other lawyers for a court clerk's medical needs. The opinion did not cite a specific numbered rule, and it expressly reserved any questions arising under the State Ethics Code or other law, which fall outside the panel's jurisdiction.

Citations and references

Rules of Professional Conduct:

• The opinion applied the Rhode Island Rules of Professional Conduct generally and did not cite a specific numbered rule.

See also

• No sibling opinions yet indexed.

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%2099-11.pdf

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

Final

                           RHODE ISLAND SUPREME COURT
                              ETHICS ADVISORY PANEL
                            Opinion No. 99-11, Request No. 781
                                  Issued May 13, 1999

Facts:

    The inquiring attorney states that a clerk of one of the courts has a medical condition that will

require him/her to leave employment for an extended period of time for medical treatment. Co-workers
have established a fund to provide financial assistance to the individual and his/her family. The inquiring
attorney proposes to set up a similar fund through a local bank and to solicit donations for the individual
from other lawyers.

Issue Presented:

    The inquiring attorney asks whether it would be appropriate under the Rules of Professional

Conduct for an attorney to establish such a fund for a court clerk or alternatively, to contribute to the
existing fund established by the clerk's co-workers.

Opinion and Reasoning:

    The Panel is of the opinion that the Rules of Professional Conduct do not prohibit the

contribution of donations to the existing fund, the establishment of a separate fund, or the solicitation of
donations for the clerk for the purpose of providing financial assistance to the clerk during the clerk's
period of illness and medical treatment.

    The Panel's guidance is restricted to interpretations of the Rules of Professional Conduct and

does not extend to issues under the State Ethics Code or any other rules, regulations or laws that may
have a bearing on the issues raised by this inquiry.