Under California ethics rules, an attorney cannot represent a current client in a matter related to a former client if the attorney has obtained confidential information from the former client, unless what?

Under California ethics rules, an attorney cannot represent a current client in a matter related to a former client if the attorney has obtained confidential information from the former client, unless what?

• A. Consent from the former client is required
• B. Informed Written Consent
• C. Court approval
• D. No consent needed

Answer: (B)

When a lawyer has confidential information from a former client, they may not represent a current client in a matter related to that former matter. The way that conflict can be cleared is through informed written consent from the former client after the lawyer has fully explained the potential consequences and risks of the representation. The written record ensures there is evidence of the former client’s understanding and agreement, and the “informed” part ensures they know what issues and conflicts could arise. Mere consent alone isn’t enough, because it must be informed (the former client understands the risks) and written (there’s a traceable record). Court approval isn’t part of this rule, and saying no consent is needed would ignore the ethical safeguard designed to protect confidences and avoid conflicts.

When a lawyer has confidential information from a former client, they may not represent a current client in a matter related to that former matter. The way that conflict can be cleared is through informed written consent from the former client after the lawyer has fully explained the potential consequences and risks of the representation. The written record ensures there is evidence of the former client’s understanding and agreement, and the “informed” part ensures they know what issues and conflicts could arise.

Mere consent alone isn’t enough, because it must be informed (the former client understands the risks) and written (there’s a traceable record). Court approval isn’t part of this rule, and saying no consent is needed would ignore the ethical safeguard designed to protect confidences and avoid conflicts.