TOPIC J: DUTIES TO FORMER CLIENTS 2016 P.R. Prof. Janicke

TOPIC J -- CONFLICTS RE. FORMER CLIENTS THE MAIN RULE R. 1.9(a) LAWYER CANNOT TAKE ON A NEW CLIENT: AGAINST HER FORMER CLIENT, IF: THE NEW MATTER IS “SUBSTANTIALLY RELATED” TO THE PAST WORK (ii) PAST CLIENT INFO FLOWED INTO FIRM PRESUMED TO BE THE CASE 2016 TOPIC J -- CONFLICTS RE. FORMER CLIENTS

FORMER FIRM’S CLIENT R. 1.9(b) LAWYER CANNOT TAKE CASE AGAINST HER FORMER FIRM’S CLIENT IF: MATTERS ARE SUBSTANTIALLY RELATED; and THIS LAWYER WAS PRIVY TO NOW-RELEVANT INFO 2016 TOPIC J -- CONFLICTS RE. FORMER CLIENTS

TOPIC J -- CONFLICTS RE. FORMER CLIENTS THE MOBILE LAWYER RULES R. 1.9(b), R. 1.10(a)(2) (PERMISSIVE RULES NOT ADOPTED IN TEXAS) WHEN A LAWYER MOVES TO ANOTHER FIRM, WHO ARE HIS “FORMER CLIENTS”? AND DOES HE INFECT EVERYONE ELSE AT THE NEW FIRM (WHO OTHERWISE COULD TAKE ON AN ADVERSE CLIENT)? 2016 TOPIC J -- CONFLICTS RE. FORMER CLIENTS

ABA RULE 1.9 PROVIDES SOME RELIEF A “MOVED” LAWYER CAN NOW TAKE ON RELATED MATTERS, PROVIDED SHE DID NOT RECEIVE ANY CONFIDENTIAL CLIENT INFO WHILE AT THE “OLD” FIRM R. 1.9(b) [OR HAS INFORMED CONSENT] [PRACTICALLY IMPOSSIBLE TO GET] 2016 TOPIC J -- CONFLICTS RE. FORMER CLIENTS

TOPIC J -- CONFLICTS RE. FORMER CLIENTS R. 1.10 PROVIDES SOME RELIEF FOR THE “NEW” COLLEAGUES: IF THE LAWYER HAD KNOWLEDGE OF THE (NOW) FORMER CLIENT’S WORK, SHE REMAINS DISQUALIFIED IN ADVERSE RELATED MATTERS BUT SHE CAN AVOID INFECTING OTHERS AT THE NEW FIRM, BY TIMELY NOTICE AND SCREENING PROCEDURES R. 1.10(a)(2) 2016 TOPIC J -- CONFLICTS RE. FORMER CLIENTS

TOPIC J -- CONFLICTS RE. FORMER CLIENTS R. 1.10 NOT NEEDED IF: IF THE LAWYER DID NOT HAVE KNOWLEDGE OF THE FORMER CLIENT’S WORK; NEITHER SHE NOR HER NEW FIRM IS DISQUALIFIED SCREENING IS NOT NEEDED 2016 TOPIC J -- CONFLICTS RE. FORMER CLIENTS

WHERE NO ONE CHANGES FIRMS WITHIN A SINGLE GIVEN FIRM THAT HAS DONE WORK FOR A FORMER CLIENT: THE FIRM IS USUALLY DISQUALIFIED IN RELATED MATTERS SCREENING IS OFTEN OFFERED WHEN RELATEDNESS IS DOUBTFUL, BUT DOES NOT FIT R. 1.9(b) OR 1.10, AND USUALLY DOES NOT WORK 2016 TOPIC J -- CONFLICTS RE. FORMER CLIENTS

A RARE EXCEPTION – THE FORMER NEUTRAL LAWYER SERVES AS JUDGE OR NEUTRAL LATER, IN A RELATED MATTER, ONE PARTY NOW WANTS TO ENGAGE LAWYER’S FIRM OK, IF THE FORMER NEUTRAL IS SCREENED OUT [or INFORMED CONSENT OF ALL PARTIES] R. 1.12(c) 2016 TOPIC J -- CONFLICTS RE. FORMER CLIENTS

USE OF FORMER CLIENT INFO EVEN IF THERE IS NO ADVERSE RELATED MATTER NOW AT HAND (SO NO ONE IS DISQUALIFIED) STILL NEED TO PROTECT FORMER CLIENT’S INFO AGAINST DISADVANTAGE TO THAT CLIENT R. 1.9(c) UNTIL INFO IS GENERALLY KNOWN THEN CAN BE USED, EVEN TO FORMER CLIENT’S DISADVANTAGE 2016 TOPIC J -- CONFLICTS RE. FORMER CLIENTS

TOPIC J -- CONFLICTS RE. FORMER CLIENTS THE NO-USE RULE WOULD APPLY TO LAWYERS USING FORMER-CLIENT INFO FOR THE LAWYERS’ OWN BENEFIT (e.g. INVESTMENTS) OR TO HELP OTHER CLIENTS WITHOUT REVEALING THE INFO 2016 TOPIC J -- CONFLICTS RE. FORMER CLIENTS