(a) A lawyer who has represented a client in a matter shall not thereafter:

(1) represent another client in the same or a substantially related matter in which that client's interests are materially adverse to the interests of the former client unless the former client consents after a full disclosure of the circumstances and consultation with the former client; or

(2) use information relating to the representation to the disadvantage of the former client except as RPC 1.6 would permit with respect to a client or when the information has become generally known.

(b) The provisions of RPC 1.7(c) are applicable as well to situations covered by this rule.

Comment to RPC 1.9

This rule has no DR counterpart; the situations covered by it have instead usually been dealt with through an interpretation of Canon 9 of the Code of Professional Responsibility. The Court adopts the recommendation of the Debevoise Committee but adds a new paragraph (b) stating that the provisions of RPC 1.7(c), added by the Court, are applicable as well to cases covered by RPC 1.9. Paragraph (a) differs from the ABA version in that the client's consent must be "after a full disclosure of the circumstances and consultation with the former client."

Top  Return Table of Contents | Return to Main Table of Contents