Multistate Professional Responsibility Examination (MPRE)Conflicts of InterestMedium

Attorney Chen previously served as a government lawyer and was substantially involved in the drafting and negotiation of a major environmental protection treaty between the United States and several foreign nations. After leaving government service, Attorney Chen joins a private law firm. A few years later, a private energy company seeks to challenge the interpretation of a specific clause within that same environmental treaty, and they approach Attorney Chen's new firm for representation. Can Attorney Chen or her new firm represent the energy company in this matter?

  1. AYes, if Attorney Chen is screened from the matter and does not share in any fees generated from it, and written notice is promptly given to the appropriate government agency.
  2. BYes, because drafting a treaty is a general government function, not a specific 'matter' for conflict purposes.
  3. CNo, unless the government agency provides informed consent, confirmed in writing.
  4. DNo, because Attorney Chen's prior substantial involvement with the treaty constitutes a conflict of interest, which is imputed to her entire firm.
Show answer & explanation

Correct answer: D. No, because Attorney Chen's prior substantial involvement with the treaty constitutes a conflict of interest, which is imputed to her entire firm.

Rule 1.11(a) prohibits a lawyer from representing a private client in connection with a matter in which the lawyer participated personally and substantially as a public officer or employee. This conflict is imputed to the entire firm, and screening is not permitted for the former government lawyer themselves, only for other lawyers in the firm if the conflicted lawyer is screened.

Why the other options are wrong

  • A. Screening can prevent imputation to other firm members, but not for the personally conflicted former government lawyer.
  • B. Drafting and negotiating a specific treaty is considered a 'matter' for conflict purposes, not a general function.
  • C. While government consent could theoretically cure some conflicts, Rule 1.11(a) generally imposes an outright prohibition for the former government lawyer in the 'same matter' they participated in substantially.

Former Government Lawyer Conflict

A lawyer who has served as a public officer or employee is generally prohibited from representing a private client in connection with a 'matter' in which the lawyer participated personally and substantially while in government service.

  • Applies to 'matters' not general policy.
  • Requires 'personal and substantial' participation.
  • Conflict is imputed to the firm, but screening might cure imputation for other firm members.

Memory trick: Government's secrets stay government's secrets, even when you switch teams.

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