Also known as: former client conflicts rule · former client conflict · Rule 1.9
Written by attorneys · grounded in primary & secondary sources — see below
A professional conduct principle that extends confidentiality protections to information learned from prospective clients even when no engagement results. It further governs imputation of such conflicts to a new firm and permits screening to avoid firmwide disqualification when the conflict arises from a lawyer's prior firm association.
Select any source to read its text and confirm it supports the definition.
Freya Freeman consults Finn Fletcher about suing her former employer for misappropriating trade secrets and shares details of the employer's internal product timelines during the meeting. Fletcher declines the representation. Months later the employer retains Fletcher for a licensing deal involving similar products. Fletcher may not use or reveal the information Freya disclosed because the consultation created duties equivalent to those owed a former client.
Fiona Foster joins Falcon Dynamics after previously representing Metro Properties at another firm in lease negotiations. Falcon Dynamics now represents tenants suing Metro over those same leases. The firm immediately screens Fiona from the matter, bars her from any fee, and sends Metro prompt written notice describing the procedures. The screening satisfies the requirements so the firm may continue the representation despite Fiona's personal disqualification.
No. The substantial relationship test focuses on whether the lawyer would normally have acquired material confidential information during the prior representation. When that test is met the rule bars the adverse representation regardless of the lawyer's actual recollection.
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The firm may proceed if the conflict arises from the lawyer's prior firm work on a substantially related matter, the lawyer is timely screened from participation and receives no fee from the matter, and the firm promptly gives the affected former client written notice describing the screen.
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Yes. A person who consults a lawyer about possible representation is a prospective client. The lawyer may not use or reveal information learned during that consultation except under the same narrow conditions that would permit use or revelation of a former client's information.
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Matters are substantially related when they involve the same transaction or legal dispute or when there is a substantial risk that confidential information normally obtained in the prior representation would materially advance the new client's position. Overlap in specific contractual provisions or factual issues often satisfies the test even if new events have occurred since the prior work.
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