职业行为准则

规则1.9:利益冲突:前客户

A lawyer who has formerly represented a client in a matter shall not thereafter represent another person in the same or a substantially related matter in which that person’s interests are materially adverse to the interests of the former client unless the former client gives informed consent.

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   [1]当事人-澳门赌场官网关系终止后, a lawyer may not represent another client except in conformity with the Rule. 规则1中的原则.7 determine whether the interests of the present and former client are adverse. 因此, a lawyer could not properly 看到k to rescind on behalf of a new client a contract drafted on behalf of the former client. 类似的, a lawyer who has defended a client against charges brought by a regulatory agency concerning a transaction may not later represent another client in a private lawsuit against the client involving the same transaction, 没有第一个客户的知情同意. 对于“知情同意”的定义， 看到 规则1.0(e).
   [2] The scope of a “matter” for purposes of this rule may depend on the facts of a particular situation or transaction. The lawyer’s involvement in a matter can also be a question of degree. 当澳门赌场官网直接参与某一特定交易时, subsequent representation of other clients with materially adverse interests clearly is prohibited. 另一方面, a lawyer who recurrently handled a type of problem for a former client is not precluded from later representing another client in a wholly distinct problem of that type even though the subsequent representation involves a position adverse to the prior client. Similar considerations can apply to the reassignment of military lawyers between defense and prosecution functions within the same military jurisdiction. The underlying question is whether the lawyer was so involved in the matter that the subsequent representation can be justly regarded as a changing of sides in the matter in question. 规则1.9 is intended to incorporate District of Columbia and federal case law defining the “substantial relationship” test. 看,e.g.布朗诉. 哥伦比亚特区分区调整委员会， 486 A.2d 37 (D.C. 1984年)(全体会议); T.C. 剧院公司. v. 华纳兄弟影业， 113 F. 增刊. 265 (S.D.N.Y. 1953)及其后代.
   [3] Matters are “substantially related” for purposes of this rule if they involve the same transaction or legal dispute or if there otherwise is a substantial risk that confidential factual information as would normally have been obtained in the prior representation would materially advance the client’s position in the subsequent matter. 例如, a lawyer who has represented a businessperson and learned extensive private financial information about that person may not then represent that person’s spouse in 看到king a divorce. 类似的, a lawyer who has previously represented a client in securing environmental permits to build a shopping center would be precluded from representing neighbors 看到king to oppose rezoning of the property on the basis of environmental considerations; however, 澳门赌场官网不会被排除在外, 以实质关系为理由, from defending a tenant of the completed shopping center in resisting eviction for nonpayment of rent. Information that has been disclosed to the public or to other parties adverse to the former client ordinarily will not be disqualifying. Information acquired in a prior representation may have been rendered obsolete by the passage of time, a circumstance that may be relevant in determining whether two representations are substantially related. 在组织客户的情况下, general knowledge of the client’s policies and practices ordinarily will not preclude a subsequent representation; on the other hand, knowledge of specific facts gained in a prior representation that are relevant to the matter in question ordinarily will preclude such a representation. A former client is not required to reveal the confidential information learned by the lawyer in order to establish a substantial risk that the lawyer has confidential information to use in the subsequent matter. A conclusion about the possession of such information may be based on the nature of the services the lawyer provided the former client and information that would in ordinary practice be learned by a lawyer providing such services.
   [4] Disqualification from subsequent representation is for the protection of clients and can be waived by them. A waiver is effective only if there is disclosure of the circumstances, 包括澳门赌场官网代表新客户所扮演的角色. The question of whether a lawyer is personally disqualified from representation in any matter on account of successive government and private employment is governed by 规则1.11而不是规则1.9.
   [5] With regard to disqualification of a firm with which a lawyer is associated, 看到 规则1.10; for former government lawyers, 看到 规则1.11; for former judges and law clerks, 看到 规则1.11.