Rhode Island Supreme Court Ethics Advisory Panel Ethics Opinions
Free plain-English summaries of legal ethics opinions issued by the Rhode Island Supreme Court Ethics Advisory Panel, with full citations and source links on every page.
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Can I buy corporate surety bonds for my clients through my relative's insurance agency, if I don't get paid anything for it?
Yes. The panel held that such bond purchases are perfectly proper, assuming the clients are not placed at any disadvantage by having their bonds purchased through the attorney's relative's agency.
I want to team up with two of my clients to buy real estate from two other clients of mine, who've agreed to get independent legal and accounting advice for the deal. Can I participate as a purchasing partner?
Yes, according to the panel, provided the attorney complies with Rule 1.8(a)'s requirements: the transaction and its terms must be fair and reasonable to the selling clients and fully disclosed to the…
I'm a real estate attorney who owns half of a mortgage brokerage. Can the brokerage use me to close its loans, can a borrower waive independent title counsel and use me instead, can I also handle the purchase-and-sale closing, and can I share office space and overhead with the brokerage?
Yes to all four, according to the panel, as long as the attorney fully discloses his ownership interest in the mortgage brokerage to any borrower he represents on title work or a purchase-and-sale clo…
An expert witness referral association I represent wants me to ask the ethics panel whether lawyers may recommend it to their clients or represent clients who've engaged it. Will the panel answer that?
No. The panel declined to render an opinion, holding that the request concerned a hypothetical situation not arising from a factual situation faced by the inquirer himself, and so did not comport with…
Two of my firm's clients are now in a contract dispute with each other, and one objects to my firm continuing to represent the other. Will the ethics panel decide whether I can continue?
No. The panel declined to rule, holding that a contested-fact situation like this, where the dispute is already pending in court, must be resolved in an adversary proceeding rather than through an adv…
I currently represent a husband in an unrelated matter where he shared confidential financial information with me. His wife just called asking me to represent her in divorcing him. Can I take her case? Can I keep representing the husband on his other matters?
No to representing the wife: the panel held that representing her in the divorce would violate the Code, regardless of whether the confidential information from the husband was actually relevant to he…
Can I represent my personal injury client's medical insurer on its subrogation claim at the same time I'm representing the client on the underlying injury claim?
Yes, if both consent in advance. The panel held that representing both the medical insurance carrier's subrogation claim and the client's direct personal injury claim is permissible under DR 5-105(C) …
My client is a borrower closing a bank loan, and the bank wants me, as the borrower's lawyer, to sign an opinion letter saying the loan documents are legal, valid, binding, and enforceable. Can I sign that?
No. The panel held that signing such a letter would violate EC 5-1, EC 5-21, and DR 5-105(A), because opining on behalf of the lender's documents while representing the borrower puts the lawyer in the…
Can I represent my personal injury client's medical insurer on its subrogation claim at the same time I'm representing the client on the underlying injury claim?
Yes, if both consent in advance. The panel held that representing both the medical insurance carrier's subrogation claim and the client's direct personal injury claim is permissible under DR 5-105(C) …
I'm a private attorney appointed to a state licensing board. Can I take part in board decisions involving people I've sued, and can I later represent a client against someone whose case I heard as a board member?
No to both. The panel held that Canons 8 and 9 bar the attorney from participating in board deliberations involving anyone he has sued or is currently suing on behalf of a private client, and bar him …
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Legal ethics opinions from the Rhode Island Supreme Court Ethics Advisory Panel interpret the rules of professional conduct for working lawyers, in response to inquiries from members and committees. They are not binding like court discipline decisions, but courts and discipline boards treat formal opinions as substantial guidance on how the rules apply. Every opinion above has a plain-English question and short answer, plus a link to the original source on the bar's site.