A lawyer is considering representing a new client in a lawsuit against a major corporation. The lawyer previously represented the corporation's CEO in a personal, unrelated matter (e.g., drafting a will) five years ago. During that representation, the lawyer gained no confidential information relevant to the current lawsuit. The CEO is no longer employed by the corporation. Is the lawyer ethically permitted to represent the new client against the corporation?
- AYes, because the prior representation was on an unrelated matter and the CEO is no longer with the corporation.
- BYes, if the lawyer obtains informed consent from both the new client and the former CEO.
- CNo, because the lawyer previously represented the corporation's CEO, creating an irrebuttable conflict.
- DNo, unless the corporation provides its informed consent to the new representation.
Show answer & explanationAnswer & explanation
Correct answer: A. Yes, because the prior representation was on an unrelated matter and the CEO is no longer with the corporation.
A lawyer generally owes duties to a former client in the same or a substantially related matter. Here, the prior representation was on an unrelated personal matter, and no relevant confidential information was gained. The former CEO is not the corporation itself, and the absence of a 'substantially related matter' means there is no conflict prohibiting representation of the new client against the corporation.
Why the other options are wrong
- B. Consent from the new client is always required, but consent from the former CEO is not typically needed if the matters are clearly unrelated and no relevant confidences were gained.
- C. There is no irrebuttable conflict here; the matters are unrelated, and the former client (CEO) is not the current adverse party (corporation) in the same sense.
- D. The corporation was not the lawyer's client in the prior matter (the CEO was the client). Therefore, the corporation's consent is not required for a conflict based on duties to a *former client* in this scenario.
Conflicts with Former Clients (Unrelated Matters)
A lawyer may represent a new client whose interests are adverse to a former client if the matters are not the same or substantially related, and no confidential information relevant to the new matter was acquired during the prior representation.
- Conflict rule applies to 'same or substantially related' matters.
- Confidential information must be relevant.
- Unrelated matters generally do not create a conflict.
Memory trick: Related or Revealed? If not, you're cleared!