Fireworks And School Boards
Two recent opinions of the Rhode Island Ethics Advisory Panel
Both involve conflicts issues
FACTS
The inquiring attorney is a member of the board of a local non-profit organization (the “Entity”). The Entity has been sued for personal injuries sustained at an event held by the Entity in August 2022, when a firework launched by a professional fireworks company allegedly malfunctioned and shot toward the crowd before exploding. The inquiring attorney did not attend the event in question. He or she wishes to represent the Entity in the litigation.
ISSUE PRESENTED
The inquiring attorney asks whether he or she is prohibited under the Rules of Professional Conduct from representing the Entity?
OPINION
It is the Panel’s opinion that the inquiring attorney is not prohibited under the Rules of Professional Conduct from representing the Entity, provided that he or she believes the representation will not be materially limited by his or her responsibilities to the Entity, or that he or she otherwise complies with Rule 1.7(b).
FACTS
The inquiring attorney formerly worked for a law firm that represents school districts in a variety of legal matters, including disputes relating to special education. The inquiring attorney did not participate in any special education matters during his or her time at the firm; rather, he or she provided legal research to partners in a supporting role, handled public records requests, and occasionally appeared at hearings and other proceedings on behalf of clients. Now at a new firm, the inquiring attorney wishes to represent parents and guardians in special education disputes with school districts. He or she has received a client referral, of a guardian concerned that his or her grandchild’s educational rights are being violated (the “Client”). The school district in question (the “Town”) is currently a client of the inquiring attorney’s former firm and was so during the inquiring attorney’s tenure there. The inquiring attorney reports that he or she did not handle any matters for the Town during his or her time at the former law firm and has no independent knowledge of the Client’s matter.
ISSUE PRESENTED
The inquiring attorney asks whether he or she is prohibited under the Rules of Professional Conduct from representing the Client?
OPINION
It is the Panel’s opinion that the inquiring attorney is not prohibited under the Rules of Professional Conduct from representing the Client.
(Mike Frisch)