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