Conflicts of Interest - Former and Prospective Flashcards
can a lawyer represent one client whose interests are materially adverse to those of a former client in a matter that is substantially related to whatever the lawyer repped former client in
no.
it’s substantially related if
1. they involve the same transaction or legal dispute
2. there otherwise is a substantial risk that confidential info from old client would help new client
what are rules for clients of lawyer’s former firm
can’t rep if in the same or substantially related matter if the interests are materially adverse to former client unless former gives informed consent in writing
just screen them
what if a lawyer leaves the firm and takes clients with her, and now the firm wants to rep someone new who goes against one of those clients
can’t do it if
- the matter is the same or substantially related
- even one lawyer remaining in the firm has info on it from the previous rep
what’s the difference for prospective clients
only a conflict if the info could significantly harm the prospective client
how to overcome prospective client conflict
- demonstrate that the lawyer who had talked with the prospective client took care to only learn what was necessary
- screen
- give written notice to prospective client
what if you go from government to private
can’t rep a private client in a matter in which the lawyer participated personally and substantially in gov, unless gov gives consent in writing
matter = specific set of facts involving specific parties
what if you go from private to public
can’t work on matter you worked on personally and substantially in private practice unless consent in writing
can a gov worker negotiate for private employment
not if he’s currently working personally and substantially on a matter
exception: law clerk. but must notify judge
what if you go from judge/arbitrator to private
can’t work on a matter in which participated personally and substantially as a judge unless all parties consent in writing
