Bar Bulletin

Bar Bulletin

Conflicts Revisited: Former Client Conflicts

December 2019 Bar Bulletin

By Mark Fucile and Mark Johnson

After addressing current client conflicts in last month’s issue of the Bar Bulletin, this month we conclude our two-part review of the conflict RPCs and pertinent decisional authority by analyzing former client conflicts.

As we did in the first installment, we’ll begin by surveying the rule. After that, we will discuss associated waivers. Finally, we will conclude with an examination of the consequences for failure to comply and practical steps to avoid those untoward results.

Former Client Conflicts

Under RPC 1.9(a), former client conflicts come in two variants, each predicated on whether a matter for a new client that is adverse to...

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