Conf. Govt. 4-1.11 Flashcards
Hold
Hold
What governs Govt Atty going Private?
New Privates wear SPURs.
———–
(1) Cd USE + REVEAL to disadv [Former C Conflict]
(2) If PERSONALLY & SUBSTANTIALLY participated as PO or pub ee.
Unless written informed consent.
New PA is determined to be wearing SPURs.
What must Private Firm do to represent?
GOVT TO NEW PA ----------- SPUR gets treated like a mole: (1) Screens him, (2) [w/holds] $, (3) Report him to Govt. ----------- U get the RPS treatment
New PA is blocked b/c has CONFID INFO.
What can he do?
Nothing. ALWAYS blocked.
———–
His Firm need only (1) Screen him & (2) No $ to him.
Citiz will never know his govt has confid info.
What is ‘confidential Govt info’ a New PA might have garnered?
GOVT TO NEW PA ----------- Info: 1) Obtained under Govt authority 2) Govt cannot lawfully make public 3) Not otherwise available to the public.
New PA is blocked b/c has CONFID INFO.
What must Private Firm do to represent?
Never report a Confidential informant, just:
(1) Screen him +
(2) w/hold $.
———–
Citiz will never know his govt has confid info.
A Private Atty going Govt cannot participate in what 2 activities in his new Govt employment?
Hint: Different b/c Govt reps everyone. Hard to avoid a conflict.
PRIVATE TO NEW GA
———–~confirmed~
New GA is different - cannnot:
1. Participate in a matter personally + substantially participated in private practice unless Govt gives written informed consent.
2. Negotiate for private employment w/ a party participating personally + substantially in a Govt matter.
With regard to a Govt Atty turning Private or vice versa, define “Matter.”
NEW GA/NEW PA
(1) Any judicial proceeding, K, claim, controversy, involving a specific party or parties; and
(2) Any other matter covered by the conflict of interest rules of Govt.
What’s the UNIQUE thing about imputing New GA’s conflict?
Not imputed.
PRIVATE TO NEW GA ----------- What is a critical aspect of the 'confidential Govt info' New PA is forbidden to use? ----------- See, 4-1..1(c)
New PA must have ACTUAL knowledge.
Such knowledge is not imputed to the lawyer.
When a Judge moves into Private Practice, what are his conflicts?
Judge New PA cannot participate in a matter in which he personally + substantially participated in while a Judge or mediator w/o everyone’s informed consent.
What are the limits on Judge looking for work?
Judge cannot negotiate for employment w/ party in a matter in which Judge is personally & substantially participating as a Judge or mediator
What are the limits on law clerk to a Judge looking for work?
ONLY AFTER NOTIFYING JUDGE, Law Clerk MAY negotiate for employment w/ party participating in a matter in which Law Clerk is participating personally & substantially,
If Judge turned Private Atty has a conflict, does it block Judge’s Firm?
Yes, UNLESS:
(I) Judge-PA is timely screened & receives no fee
&
(2) Written notice is promptly given to the parties.
What is the special exception re: arbitrators?
If an arbitrator is selected as a partisan of a party
in a multimember arbitration panel is not prohibited from subsequently representing that party.
