Tip of the Month

Tip for July 2009

Be Cautious When Asked to Represent Someone Adverse to a Former Client

Exercise caution when accepting a legal matter that is adverse to a former client.  Such representation is generally not allowed if that adverse matter is the same as, or is substantially related to, the matter in which you represent the former client.  Accepting such a matter without obtaining the appropriate consents after the requisite disclosures could lead to disqualification, forfeiture of fees, bar grievances and claims of malpractice or fiduciary breach.

One of the dozens of articles in this web site, Caution Urged in Representing Opponents of Former Clients, contains a more detailed treatment of the issue of representing someone adverse to a former client.