Q: Dear Ethics Lawyer, I represented a company let’s call Acme Rocket Cycle Co. while at a firm let’s call Wolf, Wolf and Coyote. I left the firm and took client Acme with me. Only I did any work for Acme while at the firm. May my old firm now represent their client Roadrunner, adverse to Acme, in a new matter that is not related to any matter I handled while at Wolf, Wolf and Coyote?

A: Yes, so long as the new matter your old firm is taking on for Roadrunner is not substantially related to a matter that you handled for Acme while you were at the firm. As concerns the firm, Acme is a former client. Model Rule 1.10(b) permits the lawyers of your former firm to be adverse to your client once you (and the client) left the firm, so long as: it is not the same or substantially related to a matter you handled at the firm, and the lawyers remaining in the firm do not have confidential information protected by Rules 1.6 or 1.9(c) that is material to the matter.

Photo of Mark Hinderks Mark Hinderks

Mark Hinderks brings decades of experience as a trial lawyer, firm general counsel, and managing partner. He is a Fellow of the American College of Trial Lawyers and has presented more than 125 programs on legal ethics over 30 years.

Mark is the…

Mark Hinderks brings decades of experience as a trial lawyer, firm general counsel, and managing partner. He is a Fellow of the American College of Trial Lawyers and has presented more than 125 programs on legal ethics over 30 years.

Mark is the co-founder of “Ethics for Good,” a twice-annual stage show that uses humor and real-world scenarios to teach legal ethics, raising approximately $850,000 for charities and scholarships since 2000. He has chaired the American College of Trial Lawyers’ National Standing Committee on the Attorney Client Relationship and has been a member of the Kansas Bar Association’s Professional Ethics Advisory Committee since 1997.

Have a question for a future column? Submit it to mark.hinderks@stinson.com.