Under Model Rules, a lawyer may represent a current client in a matter substantially related to a former client's matter only if the former client provides what?

Under Model Rules, a lawyer may represent a current client in a matter substantially related to a former client's matter only if the former client provides what?

• A. Informed Written Consent
• B. No Conflict Exists
• C. Public Interest Override
• D. Disclosure to Court

Answer: (A)

Conflicts of interest arise when a current matter is substantially related to something the lawyer previously handled for a former client. In that situation, the lawyer may represent the new client only if the former client provides informed written consent. Informed written consent means the former client fully understands the potential risks and consequences, including that the lawyer may possess confidential information from the previous matter that could be harmful to the former client, and the former client agrees in writing to proceed. This written consent creates a verifiable record and protects both parties by acknowledging the potential conflict. Disclosures to a court or claiming there is no conflict do not substitute for that written, informed consent, and a public interest override does not resolve this type of ethical issue.

Conflicts of interest arise when a current matter is substantially related to something the lawyer previously handled for a former client. In that situation, the lawyer may represent the new client only if the former client provides informed written consent. Informed written consent means the former client fully understands the potential risks and consequences, including that the lawyer may possess confidential information from the previous matter that could be harmful to the former client, and the former client agrees in writing to proceed. This written consent creates a verifiable record and protects both parties by acknowledging the potential conflict.

Disclosures to a court or claiming there is no conflict do not substitute for that written, informed consent, and a public interest override does not resolve this type of ethical issue.