Q: Dear Ethics Lawyer, I am a lawyer with a small firm. Recently, one of our partners (Betty) left the firm to join another firm, and Betty took with her a significant client that she had brought to the firm. She took all the client files (paper and electronic) and also took with her the only associate who had worked on any of that client’s matters. Now, a month later, a dispute has erupted between one of my clients and Betty’s client, and they want me to represent them in a suit against Betty’s client. I am worried that Betty’s client was also a client of our firm only a month ago. Does this create a conflict issue for us either under the former client rule 1.9, or the imputation of conflicts rule 1.10?
A: The timing has worked to your advantage – you are clear. Rule 1.10(b) provides that when a lawyer has terminated their association with a firm, the firm is not thereafter prohibited from being adverse to a client represented by that formerly associated lawyer, and not currently represented by the firm, unless (1) it is the same matter or substantially related to that in which the formerly associated lawyer represented the client while at the firm; or (2) any lawyer remaining in the firm has confidential information protected by Rules 1.6 and 1.9(c) that is material to the matter, in any form — paper, electronic or in their head. Here, all the records are gone, and the only lawyers who had knowledge of the former client’s confidential information in their head are also gone. So, no conflict!