Multistate Professional Responsibility Examination (MPRE)The Client-Lawyer RelationshipEasy
A lawyer represented a client in a complex real estate negotiation that concluded six months ago. The lawyer now receives a request from a new prospective client who wishes to sue the former client in an unrelated personal injury matter. The lawyer has no confidential information from the real estate negotiation that would be relevant to the personal injury case. May the lawyer represent the new prospective client?
- AOnly with the informed written consent of both the former and new clients.
- BYes, because the matters are not substantially related.
- CNo, because a lawyer may never sue a former client.
- DOnly if the lawyer can demonstrate that the new representation will not harm the former client.
Show answer & explanationAnswer & explanation
Correct answer: B. Yes, because the matters are not substantially related.
A lawyer generally may represent a new client against a former client in a *wholly unrelated matter* because there is no risk of using confidential information acquired from the former representation to the disadvantage of the former client. The key here is that the matters are not substantially related.
Why the other options are wrong
- A. Consent is only required if the matters are substantially related or if confidential information would be used. Since they are not, consent is not necessary.
- C. This statement is incorrect. Lawyers can sue former clients in unrelated matters.
- D. While avoiding harm is a general principle, the specific test for former clients in unrelated matters is whether the matters are 'substantially related' or if confidential information would be used.
Conflicts with Former Clients (Unrelated Matters)
A lawyer may represent a new client whose interests are materially adverse to a former client in a matter that is not the same or substantially related to the former representation.
- The 'substantially related' test is crucial.
- Confidential information from the former representation cannot be used to the former client's disadvantage.
- No consent is required if matters are truly unrelated.
Memory trick: Old Client, New Fight? Check the Relation's Might!