Audio and Video | On-Demand CLE
ERISA Representation Issues and the Latest ABA Ethics Opinions
Formal Ethics Opinion 99-415
Formal Ethics Opinion 99-415
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Representation Adverse to Organization by Former In-House Lawyer When an in-house lawyer moves to a law firm or another legal department, both he and his new law firm have ethical obligations that limit their ability to handle matters adverse to his former employer. If the former in-house lawyer personally represented his employer in a matter, neither he nor his new firm may undertake a representation adverse to his former employer in the same or a substantially related matter absent the former employer's consent. Even if the former in-house lawyer did not personally represent his former employer in a matter, but obtained protected information concerning that matter while it was being handled by others in his legal department, he will be disqualified and his disqualification will be imputed to his new firm. Having borne supervisory responsibility for a matter without some personal involvement does not necessarily mean that the former in-house lawyer personally represented his former employer with respect to that matter. Similarly, the fact that he was responsible for matters of a particular type will not by itself preclude him from representing a client in a similar matter in which the former employer is an adverse party.
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