Ethics Hotline & Opinions

ETHICS DOCKET NO. 1988-71

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MARYLAND STATE BAR ASSOCIATION, INC.

COMMITTEE ON ETHICS

ETHICS DOCKET NO. 1988-71

Confidences and Secrets; Conflicts: Duty of Former Associate To Firm’s Present Clients; Conflicts Created By Attorney Changing Law Firms.


You have advised that you have recently been employed by a busy general practice firm in a small town after having previously been associated with another equally busy general practice firm in the same town for the previous 4-1/2 years. You have inquired as to ""the issues of conflict of interest and confidentiality which will occur as a result of my proposed change of association"".

The Committee would call your attention to Rule 1.10 of the Maryland Rules of Professional Conduct which directly deals with your situation. Specifically, subparagraph (b) provides that, ""When a lawyer becomes associated with a firm, the firm may not knowingly represent a person in the same or a substantially related manner in which that lawyer, or a firm with which the lawyer was associated, had previously represented a client whose interests are materially adverse to that person and about whom the lawyer had acquired information protected by Rules 1.6 and 1.9(b) that is material to the matter."" You should note that the requirements are conjunctive and not disjunctive. Thus, disqualification is not required unless both conditions are present, i.e. the position would be adverse to a former client arising in substantially related matters and the lawyer involved had access to confidential information regarding the former client which is material to the matter involved in the proposed representation.

We further invite your attention to the comment under Rule 1.10, which should be most helpful to you in interpreting and applying this Rule in your new association.

 

References: Rule 1.10


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DISCLAIMER: Opinions of the Maryland State Bar Association (MSBA) Ethics Committee are an uncompensated service of the MSBA. This Committee’s opinions are not binding on the Maryland Court of Appeals, Maryland Attorney Grievance Commission, MSBA or this Committee. The reader is advised that subsequent judicial opinions, revisions to the rules of professional conduct, and future opinions of this Committee may render the Opinions stated herein outdated. As such, the Committee’s opinions are advisory only and neither the Committee nor the MSBA assumes any liability whatsoever with respect thereto. Accordingly, reliance upon the opinions of this Committee is solely at the risk of the user.