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Some portions of the collection may already be severely out of date, so please be cautious in your use of this material.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

1.17   Rule 1.17 Sale of Law Practice

1.17:100   Comparative Analysis of Rhode Island Rule

Primary Rhode Island References: RI Rule 1.18
Background References: ABA Model Rule 1.17, Other Jurisdictions
Commentary:

1.17:101      Model Rule Comparison

Rhode Island has adopted MR 1.17 and the Comments thereto, as revised, as RI Rule 1.18. In addition to the Model Rule's actual written notice requirement, the Rhode Island Rule also mandates that a lawyer obtain a written request for consent to transfer the client's representation. Unlike the Model Rule, the Rhode Island Rule does not require that actual written notice be given to each of the seller's clients regarding the terms of any proposed change in the fee arrangement authorized by paragraph (d). In paragraph (d), Rhode Island did not adopt the Model Rule's language stating that the purchaser may refuse to undertake the representation unless the client consents to pay the purchaser fees at a rate not exceeding the fees charged by the purchaser rendering substantially similar services prior to the initiation of the purchase negotiation. Comments 9 and 10 to the Model Rule contain additional requirements for fee arrangements between clients and purchasers that are not included in the Comments to the Rhode Island Rule.

1.17:102      Model Code Comparison

See MR 1.17 and other jurisdictions.

1.17:200   Traditional Rule Against the Sale of a Law Practice

Primary Rhode Island References: RI Rule 1.18
Background References: ABA Model Rule 1.17, Other Jurisdictions
Commentary: ABA/BNA 91:801, Wolfram 16.2.1

See RI Rule 1.18.

1.17:300   Problems in Sale of Practice

Primary Rhode Island References: RI Rule 1.18
Background References: ABA Model Rule 1.17, Other Jurisdictions
Commentary: ABA/BNA 91:801, Wolfram 16.2.1

See RI Rule 1.18.