Also known as: former client · former-client · ex-client · prior client
Written by attorneys · grounded in primary & secondary sources — see below
Ethical duties that a lawyer owes to a person or entity after the representation has ended. These duties include protections against use or disclosure of confidential information and bars on adverse representation in the same or substantially related matters absent informed consent confirmed in writing.
Frederick Ferguson consulted Felicity French about a potential contract dispute but ultimately hired another lawyer. French later learned details about Ferguson's business strategy during the consultation. When French is asked to represent a competitor in a substantially similar matter, she must refrain from using or revealing the information obtained from Ferguson.
Felicia Fuentes and Finn Fletcher were jointly represented by a firm in an auto accident case against an insurer. After Fuentes became a defendant in related litigation, the firm sought to continue representing Fletcher. The prior joint representation and confidential information obtained from Fuentes required disqualification of the firm.
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Fatima Flores previously represented Fulton Shipping in a regulatory compliance matter. She now seeks to represent a competitor whose interests directly challenge the prior advice given to Fulton Shipping. The significant risk that her duties to the former client would materially limit her representation of the new client creates a conflict.
Felix Franco wished to settle a potential malpractice claim with his former client, Fairview Manufacturing. Franco drafted a release without advising the company in writing of the need for independent counsel. The settlement is invalid because the former client was not given a reasonable opportunity to seek separate legal advice.
Falcon Dynamics previously represented Freeman Engineering in a patent licensing dispute. The firm now seeks to represent a rival in litigation challenging the same licensing agreement. Because the matters are substantially related and the interests are materially adverse, the firm may not proceed without the former client's informed consent confirmed in writing.
A lawyer moved from a firm that represented Felicity French in a financing transaction to a new firm now asked to sue French on the same deal. The lawyer had acquired confidential information material to the new matter. Representation is barred unless French gives informed consent confirmed in writing.
A lawyer may not use or reveal information learned during the representation except as permitted by the rules applicable to current clients. The duty continues even after the representation ends and applies regardless of whether the information has become generally known.
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Representation is prohibited in the same or a substantially related matter if the new client's interests are materially adverse to the former client. Informed consent confirmed in writing from the former client is required to overcome the prohibition.
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A lawyer may not knowingly represent a person in a substantially related matter adverse to a former client of the prior firm if the lawyer acquired material confidential information about that client. Informed consent confirmed in writing from the former client is required.
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