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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At real estate closings, the buyer's attorney is adding disbursement, discharge-tracking, wire, and courier fees to the settlement statement that my seller client must pay. Do those fee practices violate the ethics rules?
Yes. The panel held these closing fees violate Rule 1.5: they are unreasonable expense charges (a wire fee, for one, reflects a cost no institution actually charges on IOLTA transfers), and they viola…
Can I pass my credit card processing fees on to clients, and what do I have to tell them first?
The panel concluded a lawyer may pass credit card processing fees to clients in flat fee and hourly matters, and when the client pays for issuance of payment to a third party, so long as the charge is…
Can I advise and assist clients in Rhode Island's medical marijuana program when the conduct is legal under state law but a federal crime under the Controlled Substances Act?
The panel concluded yes. A lawyer may advise clients about Rhode Island's medical marijuana law and represent, advise, and assist clients in activities relating to and in compliance with that law, pro…
I'm suing a club on behalf of a member, and I found a list of other members in the same situation through discovery. Can I write to them for information about the club's practices without triggering the lawyer-advertising solicitation rules?
It depends on what the letter says. The panel held the inquiring attorney may send a letter to Golf Club members seeking information about the client's case without complying with Rule 7.3, but the sp…
My client is indigent, has moved out of state, and can't afford to travel back for court dates in her D.C.Y.F. and divorce cases. Can I pay for her transportation without violating the rules on giving clients money?
Yes, if the client is indigent. The panel held that Rule 1.8(e) permits the inquiring attorney to pay an indigent out-of-state client's transportation costs to attend court hearings in her D.C.Y.F. ma…
I advanced a medical expert's fee on my client's behalf and billed the client, who hasn't paid. My fee agreement lets me charge interest on overdue amounts. Can I charge the client interest on the unpaid expert fee?
Yes. The panel held the Rules of Professional Conduct do not prohibit charging the client interest on the unpaid expert's fee, provided the attorney complies with the laws governing the charging of in…
An insurer assigned me to defend its insured in a car-accident lawsuit. The insured has refused to meet with me and now can't be located, even after hiring investigators here and abroad. Do I have to enter an appearance and answer the complaint anyway?
No, and you may not. The panel held no attorney-client relationship was ever established because the insured refused to meet with the lawyer and cannot be located, so the Rules neither require nor per…
I was hired by an insurer to defend its insured. The insured wants copies of my letters to the insurer's adjuster that contain my analysis of liability and settlement. Do I have to hand them over?
The panel concluded that the insured is the lawyer's client, so under Rule 1.4 the lawyer must keep the insured reasonably informed and comply with reasonable requests for information; the request for…
Can I start charging interest on my clients' overdue legal bills even though our fee agreement never mentioned interest?
The panel concluded that the Rules do not prohibit charging interest on unpaid balances for legal services, provided the lawyer complies with applicable law on interest and, absent a prior agreement, …
In a divorce case I gave opposing counsel inaccurate advice about the legal consequences of assigning part of my client's profit-sharing plan to the wife. Now that I know it was wrong, what do I owe my client and opposing counsel?
The Panel concluded the attorney must keep the client informed of the mistake under Rule 1.4, and, out of respect for the legal system and fairness to fellow lawyers under the Preamble, should notify …
A clerical error at the Supreme Court means my opponent's appeal is not on record, which helps my client. May I tell my client, and must I alert the tribunal or opposing counsel to the mistake?
The Panel concluded the attorney may inform the client of the appeals status under the Rule 1.4 duty to keep the client informed, and, invoking the Preamble's principle of respect for the legal system…
My client, who is under treatment for a mental disorder, may not be able to manage the insurance proceeds I recovered for her, and she has withdrawn her consent to a limited guardianship. What are my obligations under Rule 1.14?
The Panel concluded that if the attorney reasonably believes the client cannot adequately act in her own interest, the attorney should seek appointment of a guardian; otherwise the attorney owes only …
I won a judgment for a client, and now the defendant wants to pay, but I can't find my client. What are my obligations for collecting and disbursing the funds?
The panel concluded that a lawyer who cannot locate a client must exercise diligent efforts to find the missing client and to protect the client's interests within the scope of the retention agreement…
My client agreed in a divorce decree to pay his ex-wife half of his personal-injury settlement, but says he'll tell me not to pay her. What do I do with the funds?
The panel concluded that, under Rule 1.15, the attorney must promptly notify both the client and the ex-wife when the settlement funds arrive and must hold any disputed portion separate until the disp…
I finished evaluating a client's malpractice claim and found it wasn't viable, but now I can't reach the client and my mail came back. What are my obligations?
The panel pointed to its General Information Opinion #6, which addresses a lawyer's obligation to exercise diligent efforts both to locate a missing client and to protect the client's interests.
Can I keep representing my client at a deposition where the witness being deposed is another current client of mine in an unrelated matter?
The panel concluded that the lawyer may continue representing Client #2 and attend Client #1's deposition, but only if the lawyer reasonably believes the representation will not adversely affect the r…
I closed my law practice to take a non-legal job and my clients won't respond or hire new counsel. Can I withdraw from their contested probate case?
The panel explained that closing a practice and a client's failure to communicate can support a motion to withdraw under Rule 1.17, but because the attorney had not filed such a motion and Rule 1.17(c…
My client died, and the widow won't cooperate in substituting a personal representative as plaintiff so I can move the case forward. May I withdraw under Rule 1.16?
The Panel concluded that because the widow's lack of cooperation prevents effective representation, withdrawal is permitted under Rule 1.16(b)(5), which allows withdrawal when the client has rendered …
I took over a case and found the referring lawyer made uncorrectable strategic errors. Do I have to tell my client, and can I tell the other lawyer about the mistakes under Rules 1.4 and 2.1?
The Panel concluded that under Rules 1.4 and 2.1 the successor attorney should inform the client of the circumstances impacting the lawsuit, and that before informing the referring attorney of the err…
A prospective client's information makes me suspect their other lawyer broke several rules, but the client won't consent to disclosure. Must I report the other lawyer under Rule 8.3?
The Panel concluded that because the information is confidential and protected by Rule 1.6 and the client refused to consent to disclosure, Rule 8.3(c) means the attorney is not obligated to report th…
My new client's former lawyer let the case be dismissed by ignoring discovery. Must I report that lawyer to the disciplinary office, even though my client could lose the ability to collect on a malpractice claim?
The Panel concluded that if the attorney has knowledge of a rule violation raising a substantial question about the other lawyer's honesty, trustworthiness, or fitness, Rule 8.3 requires reporting, su…
Under my written collection agreement, I front litigation expenses and get reimbursed from what one suit recovers to cover the costs of prior suits. Is that proper?
The panel advised that this conforms to Rule 1.8(e)(1), which lets a lawyer advance court costs and litigation expenses with repayment contingent on the outcome, as long as the reimbursements follow t…
Opposing counsel dealt directly with my client in court about the settlement without me present. Do I have to report that Rule 4.2 violation, and does confidentiality limit me?
The panel advised that if the inquiring attorney believes his client was intentionally misled and defrauded and that the opposing lawyer violated Rule 4.2 in furtherance of that fraud, he is obligated…
My client put the case on hold, left the military, and I can't find them after exhausting every effort. Can I withdraw from the representation?
The panel advised that under Rule 1.16(b)(4), (5), and (6) the attorney may seek to withdraw from the representation, because a lawyer need not serve a client indefinitely when unsuccessful in locatin…
I hold settlement funds and a collection agency claims part of them for a client's hospital bill I am not sure was paid. Can I pay the client, or must I hold the money?
The panel advised that under Rule 1.15(c) the lawyer may refuse to surrender the disputed property to the client without breaching an ethical obligation, and that disbursing to the client would not vi…
My client has a mental disability. How do I handle the representation, and when should I seek a guardian?
The panel advised that under Rule 1.14 the attorney should, as far as reasonably possible, maintain a normal client-lawyer relationship with the client; if the client has no guardian or legal represen…
My client has gone silent and the statute of limitations is about to run. What should I do?
The panel advised that the attorney should continue efforts to locate the client, perhaps by a personal visit to the last known address, and file suit as a last resort to protect the client before the…
Judgment was entered and my client filed a pro se appeal. Do I still represent the client?
The panel concluded that the attorney no longer has an obligation to the client, but under the comments to Rule 1.16 the attorney should take all reasonable steps to mitigate the consequences of termi…
I need to tell a client my firm won't represent them, but there's no pending case and my certified and first-class mail came back address unknown. Have I done enough?
The panel concluded that, where the firm sent notice by both certified mail (return receipt requested) and first-class mail and both were returned 'Address Unknown,' the attorney has satisfied the obl…
Two law firms are merging. Before the merger takes effect, can lawyers in one firm service the other firm's clients, and who bills them?
The panel advised that it is proper for the attorneys in one firm to service the clients of the other firm before the merger's effective date, with the clients' knowledge and consent, and that corresp…
I was retained on a contingent fee to advise a pro se litigant, but the client has vanished and missed discovery. I never entered an appearance. Do I have to, and what do I tell the court?
The panel concluded that the attorney has no duty to enter an appearance for the client because the client cannot be located, and that it would be appropriate for the attorney to inform the court of t…
I rent office space from Lawyer A and agreed to represent his former client before a zoning board where Lawyer A was a witness. The client now hints at a malpractice claim against Lawyer A. Can I condition my continued representation on the client releasing Lawyer A?
No. The panel held that a lawyer may not condition continued representation on the client releasing another lawyer from malpractice liability, because doing so would impermissibly circumscribe the cli…
My client insists I drop her appeal and settle, but I'm worried she doesn't understand that doing so could jeopardize her insurance coverage. I sent detailed warning letters and reminders, and she never responded before firing me. Am I clear to file a motion to withdraw?
Yes. The panel held that the attorney's detailed letters and reminder notices satisfied Rule 1.2(a)'s consultation requirement, that a lawyer may not superimpose his own judgment on a client no matter…
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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.