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End-of-life notice: American Legal Ethics Library

As of March 1, 2013, the Legal Information Institute is no longer maintaining the information in the American Legal Ethics Library. It is no longer possible for us to maintain it at a level of completeness and accuracy given its staffing needs. It is very possible that we will revive it at a future time. At this point, it is in need of a complete technological renovation and reworking of the "correspondent firm" model which successfully sustained it for many years.

Many people have contributed time and effort to the project over the years, and we would like to thank them. In particular, Roger Cramton and Peter Martin not only conceived ALEL but gave much of their own labor to it. We are also grateful to Brad Wendel for his editorial contributions, to Brian Toohey and all at Jones Day for their efforts, and to all of our correspondents and contributors. Thank you.

We regret any inconvenience.

Some portions of the collection may already be severely out of date, so please be cautious in your use of this material.


Rhode Island Legal Ethics

1.11   Rule 1.11 Successive Government and Private Employment

1.11:100   Comparative Analysis of Rhode Island Rule

Primary Rhode Island References: RI Rule 1.11
Background References: ABA Model Rule 1.11, Other Jurisdictions
Commentary:

1.11:101      Model Rule Comparison

Rhode Island has adopted MR 1.11 including the Comments thereto.

1.11:102      Model Code Comparison

Rhode Island has not adopted a Model Code comparison. See MR 1.11 and other jurisdictions.

1.11:110      Federal Conflict of Interest Statutes and Regulations

There is no authority in Rhode Island on this topic.

1.11:120      Rhode Island Conflict of Interest Statutes and Regulations

There is no authority in Rhode Island on this topic.

1.11:130      Definition of "Matter"

There is no authority in Rhode Island on this topic.

1.11:200   Representation of Another Client by Former Government Lawyer

Primary Rhode Island References: RI Rule 1.11(a)
Background References: ABA Model Rule 1.11(a), Other Jurisdictions
Commentary: ABA/BNA 91:4001, ALI-LGL 133, Wolfram 8.10

An attorney who is a town solicitor for the town in which he or she lives may represent individuals in a civil action against the families of two juveniles whom the town is prosecuting if the solicitor's office does not represent the town in the prosecution of the juveniles, and if in accordance with Rule 1.7, both the town and the individuals consent after consultation and disclosure of all potential conflicts. Rule 1.11(a) does not present an impediment to the attorney's proposed representation since the solicitor's office has had no involvement in the case. RI Eth. Op. 2003-01.

1.11:210      No Imputation to Firm if Former Government Lawyer Is Screened

There is no authority in Rhode Island on this topic.

1.11:300   Use of Confidential Government Information

Primary Rhode Island References: RI Rule 1.11(b)
Background References: ABA Model Rule 1.11(b), Other Jurisdictions
Commentary: ABA/BNA 91:4001, ALI-LGL 133, Wolfram 8.10

1.11:310      Definition of "Confidential Government Information"

There is no authority in Rhode Island on this topic.

1.11:400   Government Lawyer Participation in Matters Related to Prior Representation

Primary Rhode Island References: RI Rule 1.11(c)
Background References: ABA Model Rule 1.11(c), Other Jurisdictions
Commentary: ABA/BNA 91:4001, ALI-LGL 132, 133, Wolfram 8.9.4

An attorney may not represent a private client in connection with a matter in which he/she participated as a public employee. RI Eth. OP. 93-22 (1993).

A former government attorney may represent private clients against his/her former government agency employer in connection with the same kinds of cases he/she handled while a government attorney. Rule 1.11 prohibits the attorney from representing private clients in matters in which he/she personally participated, and Rule 1.9(b) prohibits the attorney from disclosing confidential information about the government agency. RI Eth. Op. 2001-04 (2001).

Where an attorney is a solicitor for a municipality, and as such serves as legal counsel to the municipality's planning and zoning boards, the attorney's representation of the municipality in an appeal brought before the zoning board by a property owner who is a former client dies not present a conflict of interest under Rule 1.9 provided that the two matters are not substantially related. The attorney's representation of the municipality does not present a conflict of interest under Rule 1.11 provided that the attorney did not participate personally and substantially in the subject matter of the appeal in the prior representation. RI Eth. Op. 2002-03A.

1.11:500   Government Lawyer Negotiating for Private Employment

Primary Rhode Island References: RI Rule 1.11(c)(2)
Background References: ABA Model Rule 1.11(c)(2), Other Jurisdictions
Commentary: ABA/BNA 91:4001, ALI-LGL 97, 133, Wolfram 9.10