C. Former Client Conflicts Flashcards
What is Lawyer’s duty to Former Client regarding confidential info?*
Lawyer must NOT use confidential info to ‘disadvantage’ of/materially adverse to Former Client!!!
UNLESS Client gives informed consent in writing
UNLESS commonly known info
UNLESS Lawyer would be allowed to reveal such info under duty of confidentiality exception
When may Lawyer’s New Firm still represent Client in matter if Lawyer joins new firm?*
1) Lawyer is timely screened from participation!!!
- NOT working on case
- NOT discussing with those working on case
- NOT having access to case files
2) Lawyer is NOT apportioned any part of fee earned in matter!!!
3) Written notice given to Client
When may Lawyer’s Former Firm NOT be allowed to represent Client?*
1) Interests are materially adverse to Client!!!
2) Matter is same/substantially related to previous matter!!!
3) Lawyer in Former Firm has protected info that may materially advance Client’s position!!!
- UNLESS Lawyer deceased + Lawyer ONLY has info (NOT Firm)!!!
E.g. If Lawyer represented Businessman + learned private financial info re Businessman => Lawyer can NOT represent Businessman’s Spouse in subsequent divorce
