A lawyer is considering representing a new client, a small business, in a dispute against a large corporation. The lawyer previously represented the large corporation in a completely unrelated real estate transaction five years ago, which has since concluded. The lawyer possesses no confidential information from the prior representation that would be relevant to the current dispute. Is the lawyer ethically permitted to represent the new client?
- ANo, unless the lawyer obtains written informed consent from both the new client and the former client.
- BNo, because any prior representation of an adversary creates an uncurable conflict of interest.
- CYes, because the matters are not substantially related and no confidential information from the former representation is relevant.
- DYes, but only if the lawyer obtains a court order approving the representation.
Show answer & explanationAnswer & explanation
Correct answer: C. Yes, because the matters are not substantially related and no confidential information from the former representation is relevant.
A lawyer may represent a new client whose interests are materially adverse to a former client in a new, unrelated matter, provided the new matter is not 'substantially related' to the former representation and no confidential information gained from the former client would be used to that client's disadvantage. The passage explicitly states the matters are 'completely unrelated' and no relevant confidential information exists.
Why the other options are wrong
- A. Consent is not required if the matters are not substantially related and no relevant confidential information exists.
- B. Adversity to a former client is not automatically an uncurable conflict if the matters are unrelated.
- D. A court order is not typically required for this type of conflict analysis.
Conflicts with Former Clients (Unrelated Matters)
A lawyer may represent a new client whose interests are adverse to a former client in an unrelated matter, provided the matters are not substantially related and no confidential information from the former representation is relevant to the new matter.
- Must not represent against former client in 'same or substantially related matter'.
- Must not use confidential information to former client's disadvantage.
- Unrelated matters generally do not create a conflict.
Memory trick: Past Case, New Foe: Is the Bridge Burned or Just Different Roads?