Attorneys need to know their duty to a former client and how to avoid conflicts of interest with them. They should determine on a case-by-case basis and disclose any potential conflict to their clients. Former clients are especially vulnerable to attorney conflicts because they may be affected by the representation of another client. The following are some tips to prevent conflicts. Read on to learn more. Here is an example of a conflict of interest between an attorney and a former client.
Relationship between attorney and former client
There is a fine line between the relationship between an attorney and a former client. The former client must have a reasonable expectation that the lawyer will continue to serve them. If the lawyer is involved in another case, the former client can sue that lawyer to rescind the contract. Conversely, if a lawyer has represented a client in a civil case against the government, the attorney may not represent the client in that case. The question is whether there is a “substantial relationship” between the two.
If the relationship was started after the attorney began representing the client, there is a reasonable probability that it might affect the lawyer’s judgment. Such a relationship may result in a personal conflict of interest, or the attorney may use the client’s confidential information to his or her advantage. However, this is rare. In Washington D.C., an attorney can engage in a romantic relationship with a former client.
The duty owed to a former client
While a lawyer must protect the information of a former client, he or she must also owe that same person a duty of loyalty. That sounds strange, but a recent case illustrates the concept. In Green v. Blue, a lawyer represents a former client in a court case. Smith represents Green on appeal, but everything he knows about Blue is public information. Moreover, he still must represent Blue in further appeals.
Generally, a lawyer owes a duty to a former client even after the client-attorney relationship is over. Even after the client-attorney relationship has ended, the lawyer must still observe ethical rules while representing new clients. For example, he cannot represent a former client in a subsequent civil suit against the government. Moreover, he or she must not act in a conflict of interest with another former client.
Conflicts of interest in the representation of a former client
Many attorneys may conflict with interest when representing a former client. These conflicts can arise in real estate transactions, divorce proceedings, and lawsuits involving corporations. In this article, we’ll explore what constitutes a conflict, determine whether the lawyer is representing a former client, and discuss what steps to take if the former client is still a client. Here are some examples:
Generally, a lawyer may represent both current and former clients if the former client consented to the representation. In some cases, a client may consent to representation despite a conflict. However, in other situations, the client may withdraw consent without telling the lawyer. The lawyer should always obtain consent for each client before proceeding with the representation. In a situation where there are multiple conflicts, the lawyer must decide which one is constable for each client.
The conflict arises when the former client’s interests conflict with those of the current client. This is referred to as a concurrent conflict. The former client’s interests will often override the interests of the current client, which may be contrary to the interests of the former client. The rules are not clear on the precise circumstances in which a conflict of interest arises, but they do address some situations.