I've got a Conflict
Sometimes a conflict involving a former client might also create a conflict with...
The ethics rules reflect an assumption that the problems relating to former clients may not be quite as...
serious as those with present clients.
Rule 1.9(b): a lawyer shall not knowingly represent a person in the same or substantially related matter in which a firm with which the lawyer formerly was associated, had previously represented a client.
*Explain Rule
Rule 1.9(b): should be used to evaluate conflicts that arise when a lawyer moves from one firm to another.
1.9 articulates the standard used to assess when a lawyer needs the consent of...
a former client to proceed with the representation of a subsequent client.
Although the rules on former client conflicts are not as restrictive as those on current client conflicts, they do restrict a lawyer from proceeding in many situations if they do not have...
the consent of the former client.
Rule 1.9(c): A lawyer who has formerly represented a client in a matter, or whose present or former firm has formerly represented a client in a matter shall not thereafter:
1. Use info relating to the representation to the disadvantage of the former client except as these Rules would permit or require with respect to a client, or when the information has become generally known; or
2. reveal info relating to the representation except as these Rules would permit or require with respect to the client.
*Explain Rule
1.9(c): bars use of revelation of confidences of former clients or clients of a former firm to the same extent as such use or revelation is barred for present clients.
A lawyer should assess the impact of a possible conflict on a former client using Rule 1.9 as a yardstick and then use Rule #...
1.7 to assess the impact on the present client!
The primary duty that lawyers owe to former clients is to...
protect their confidences.
Situation: Lawyer knows (or might have had access to) information from a former client that could be used adversely to the former client. What is the possible interest harmed and how can it be fixed?
Possible interest harmed: is a breach of commitment to keep confidences of former clients and this conflict can be waived by informed consent of the former client.
A lawyer must decline any new matter that presents a substantial risk that the lawyer would make...
material adverse use of the former client's confidences, UNLESS the former client consents.
Situation: New Client wants the lawyer to sue the lawyer's former client, whom the lawyer represented for years on a variety of matters. What is the possible interest harmed and can it be fixed?
Possible interest harmed: Lawyer's advocacy on behalf of the new client might be compromised by relationship to former client. This conflict can be waived by informed consent of present and former clients, UNLESS the conflict is so severe that the lawyer could not reasonably believe that he could provide competent and diligent representation to the new client.
Rule 1.9(a): A lawyer who has formerly represented a client in a matter shall not thereafter represent another person in the same or a substantially related matter in which that person's interests are materially adverse to the interests of the former client unless the former client gives informed consent, confirmed in writing.
*Explain Rule
Rule 1.9(a) bars representation of a new client (absent consent) if the new representation would involve a substantially related matter and material adversity.