Rhode Island Legal Ethics

I. CLIENT-LAWYER RELATIONSHIP

1.1 Rule 1.1 Competence

1.1:100 Comparative Analysis of Rhode Island Rule

• Primary Rhode Island References: RI Rule 1.1
• Background References: ABA Model Rule 1.1, Other Jurisdictions
• Commentary:

1.1:101 Model Rule Comparison

Rhode Island has adopted MR 1.1 including the Comments thereto.

1.1:102 Model Code Comparison

Rhode Island has not adopted a Model Code comparison. See MR 1.1 and other jurisdictions.

1.1:200 Disciplinary Standard of Competence

• Primary Rhode Island References: RI Rule 1.1
• Background References: ABA Model Rule 1.1, Other Jurisdictions
• Commentary: ABA/BNA § 31:201, ALI-LGL § 16, Wolfram § 5.1

Attorney's failure to effectuate service of process in timely manner, and his inability to appreciate requirement of timely service, demonstrate incompetence. In the Matter of Krause, 737 A.2d 874 (R.I. 1999). There is no other authority in RI concerning the disciplinary standard of competence. As stated in the Comment to the Rule, in determining whether a lawyer employs the requisite knowledge and skill in a particular matter, relevant factors include the complexity and specialized nature of the matter, the lawyer's general experience and other related factors.

1.1:300 Malpractice Liability

• Primary Rhode Island References: RI Rule 1.1
• Background References: ABA Model Rule 1.1, Other Jurisdictions
• Commentary: ABA/BNA § 301:101, ALI-LGL § 49-54 , Wolfram § 5.6

Plaintiff in a legal malpractice action based on negligence must produce evidence of any damages resulting to her legal position or to her legal detriment personally as a result of her attorney's activities, i.e., inappropriate sexual activities. Dal Rosario Vallinoto v. DiSandro, 688 A.2d 830 (R.I. 1997). In this case the Court found that plaintiff failed to produce any evidence of damages and therefore failed in her legal action.

1.1:310 Relevance of Ethics Codes in Malpractice Actions

The Scope section of the Preamble of the RI Rules provides that violation of a Rule should neither give rise to a cause of action nor should it create any presumption that a legal duty has been breached. The section further provides that the Rules are not designed to be the basis for civil liability. There is no other authority in Rhode Island on this topic.

1.1:320 Duty to Client

Notarizing Photostatted deed containing signatures of parties to correct error in deed's transcription, and recording Photostatted deed in land records without notifying parties, constitutes dishonesty and fraud, and justifies suspension from practice of law for six months, despite attorney's sincere remorse. Lisi v. Gallucci, 602 A.2d 938 (R.I. 1992).

Failure to communicate with clients regarding reasonable requests for information, failure to respond to lawful demands for information from disciplinary counsel, and failure to act with necessary competence and due diligence warrants public censure and supervision of practice. In re Rosen, 637 A.2d 1378 (1994).

Attorney's public reprimand in Massachusetts for leading client to believe that case had been filed, but then waiting almost three years to notify client that case was meritless and had not been filed, warranted reciprocal discipline of public censure. In re Frank, 706 A.2d 927 (R.I. 1998).

Attorney failed to provide competent representation to client by advising client to list property for sale in absence of proper foreclosure; attorney's poor advice evidenced that he lacked the legal knowledge necessary to represent client in foreclosure proceedings. In re Holland, 713 A.2d 227 (R.I. 1998).

An attorney may not condition continued representation of client upon client's release of another lawyer from liability. To do so would impermissibly circumscribe Client's options and compromise the quality of the representation, contrary to RI Rule 1.1. RI Eth. Op. 90-37 (1990).

As stated in RI Rule 1.1, a lawyer has the duty to provide competent representation to a client and to provide that representation loyally and in the exercise of the lawyer's independent professional judgment. See also Comment to RI Rule 1.7.

1.1:330 Standard of Care

There is no authority in Rhode Island on this topic.

1.1:335 Requirement of Expert Testimony

There is no authority in Rhode Island on this topic.

1.1:340 Causation and Damages

See DiSandro case, supra, under 1.1:300 Malpractice Liability, supra.

1.1:350 Waiver of Prospective Liability

See Section 1.2:240, infra.

1.1:360 Settlement of Client's Malpractice Claim

There is no authority in Rhode Island on this topic.

1.1:370 Defenses to Malpractice Claim

There is no authority in Rhode Island on this topic.

1.1:380 Liability to Client for Breach of Contract, Breach of Fiduciary Duty, and Other Liabilities

There is no authority in Rhode Island on this topic.

1.1:390 Liability Where Non-Lawyer Would Be Liable

There is no authority in Rhode Island on this topic.

1.1:400 Liability to Certain Non-Clients

• Primary Rhode Island References: RI Rule 1.1
• Background References: ABA Model Rule 1.1, Other Jurisdictions
• Commentary: ABA/BNA § 71:1101, ALI-LGL § 51, Wolfram § 5.6

1.1:410 Duty of Care to Certain Non-Clients

An attorney has no general duty to the opposing party, although an attorney does owe a duty to an adverse party not to participate in fraudulent conduct. Thus, a third party ordinarily does not have standing to pursue a claim for tortuous interference with a contract against his/her adversary's attorney. Toste Farm Corp. v. Hadbury, Inc., 798 A.2d 901 (R.I. 2002). Beneficiaries of trust had standing to bring suit against law firm because the court determined that a trustee's attorney owes a duty of care to the trust beneficiaries. The voluntary assignment of a legal malpractice claim by a trustee to the beneficiary is permissible under Rhode Island law because the assignment is similar to market assignments involving purely economic transactions rather than to freestanding malpractice personal injury claims. Am. Kennel Club Museum of the Dog ex rel. Camilla Lyman Unitrust v. Edwards & Angell, LLP, 2002 WL 1803923, (R.I. Super. Jul. 26, 2002).

1.1:420 Reliance of Lawyer's Opinion [See also 2.3:300]

See Section 2.3:300, infra.

1.1:430 Assisting Unlawful Conduct [See also 1.2:600-1.2:630, infra]

There is no authority in Rhode Island on this topic.

1.1:440 Knowledge of Client's Breach of Fiduciary Duty

There is no authority in Rhode Island on this topic.

1.1:450 Failing to Prevent Death or Bodily Injury

See Section on Rule 1.6, infra.

1.1:500 Defenses and Exceptions to Liability

• Primary Rhode Island References: RI Rule 1.1
• Background References: ABA Model Rule 1.1, Other Jurisdictions
• Commentary: ABA/BNA § 301:1001, ALI-LGL §§ 54, 57, Wolfram § 5.6

1.1:510 Advocate's Defamation Privilege

There is no authority in Rhode Island on this topic.

1.1:520 Wrongful Use of Civil Proceedings; Abuse of Process; False Arrest

There is no authority in Rhode Island on this topic.

1.1:530 Assisting Client to Break a Contract

There is no authority in Rhode Island on this topic.

1.1:600 Vicarious Liability [See 5.1:500]

• Primary Rhode Island References: RI Rule 1.1
• Background References: ABA Model Rule 1.1, Other Jurisdictions
• Commentary: ABA/BNA § 91:201, ALI-LGL § 58, Wolfram § 5.6