Formal Ethics Opinion 97-409 (downloadable pdf)

    Formal Ethics Opinion 97-409 (downloadable pdf)

    Formal Ethics Opinion 97-409 (downloadable pdf)

    Conflicts of Interest: Successive Government and Private Employment The conflict of interest obligations of a former government lawyer under the Model Rules of Professional Conduct are determined by Rule 1.11 and not by Rule 1.9(a) and (b).
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    A former government lawyer is, however, subject to the provisions of Rule 1.9(c), which prohibits the use of information relating to her representation of the government to the disadvantage of her former government client where the information has not become generally known, and the disclosure of such information, except as permitted or required by Rules 1.6 and 3.3. Under Rule 1.11, a former government lawyer is disqualified from representing private clients where she "participated personally and substantially as a public officer or employee" in the same "particular matter" at issue in the subsequent representation, whether or not she would be adverse to her former government client.

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    Center For Professional Responsibility

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    5611100409

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