TBA Law Blog


Posted by: Julia Wilburn on Feb 28, 2024

The American Bar Association (ABA) Standing Committee on Ethics and Professional Responsibility has released a formal opinion that provides guidance on how disqualification rules apply to both current and former government lawyers' representation of private clients under the ABA Model Rules of Professional Conduct. Formal Opinion 509 interprets Model Rule 1.11, which relates to the conflict-of-interest provisions covering confidential government information. The opinion states that the rule continues to apply "regardless of whether the lawyer seeking to represent the private client has now left government employ or office or maintains a private law practice (e.g., a part-time practice) while still in government employ or office."