Tip of the Month

Tip for August 2012

Accepting representation adverse to a former client is risky

Exercise caution when accepting a new matter that is adverse to a former client. Such representation is generally allowed by the rules of professional conduct of most States unless the new matter is the same as or is substantially related to the matter in which you represented the former client. In addition, if you possess confidential information from the former client that can be used against the former client or to the advantage of the new client, the rules generally prohibit the representation of the new client against the former client. Accepting the representation of the new client under such circumstances can lead to disqualification, fee forfeiture, bar grievances and civil claims. There are articles on the topic of representation of former clients in the web site.