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Opinion 22-01 |
Former Client
Under Rule 1.9(a), a lawyer who had previously represented a medical group in defending against medical malpractice claims may not subsequently represent a client in asserting a medical malpractice claim against a physician who is a member of the medical group if the matters are the same or substantially related, unless the former client provides informed consent. Even if there is no conflict under Rule 1.9, the lawyer should not use or reveal confidential information relating to the former representation except as otherwise permitted under IRPC 1.9(c).
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Opinion 16-03 |
Conflict of Interest | Former Client
A lawyer who represents the second wife in obtaining child support for her two young children from a former husband has a conflict of interest with the first wife of the same husband under Rule 1.9 because of his previous representation of the first wife in obtaining child support from that same husband for her child who is now 15 years old. The lawyer also has a “material interest” conflict under Rule 1.7 in connection with his representation of the second wife in her child support claim. These two Rules require the lawyer to obtain the informed consent of both wives in order to undertake the representation.
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Opinion 05-01 |
Former Client
A lawyer may represent a client in a matter unrelated to a prior divorce proceeding in which the lawyer represented former client who now may testify against his current client. However, the lawyer may not cross-examine the former client unless it can be done both without using information relating to the prior representation to the disadvantage of the former client and without materially limiting his ability to effectively cross-examine the former client to the detriment of the current litigation client.
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Opinion 98-01 |
Former Client
Lawyer may represent a beneficiary of a trust in an action against the trustee even though lawyer had previously represented trust, beneficiary and trustee in condemnation suit involving trust property.
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Opinion 95-04 |
Former Client | Prospective Clients
Lawyer may represent university as legal counsel even though faculty member with dispute against the university had previously discussed that dispute with the lawyer; provided, however, that the lawyer take appropriate action to avoid being placed in a conflict of interest situation, and , if such a situation develops, that the lawyer follow Rules regarding conflicts.
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Opinion 94-15 |
Former Client
- A lawyer who has formerly represented a client in a divorce action, child support and visitation proceedings and multiple real estate transactions, one of which was jointly for the former client and current client has a conflict of interest preventing representation of the current client in a divorce action against the former client.
- A party seeking the disqualification of former counsel bears the burden of proving that present and prior representations are substantially related.
- Where prior representation is substantially related to the current action, there is an irrebuttable presumption that confidential information was disclosed, thereby precluding representation of the current client absent consent of the former client.
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Opinion 93-18 |
Former Client
Representing a client in the same or a related matter as that involving a former client is not improper unless the clients' interests are materially adverse.
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Opinion 92-22 |
Former Client
- Use of any information relating to representation cannot be used by attorney to disadvantage of former client.
- Absent consent, confidences and secrets of client gained in the course of professional relationships cannot be disclosed.
- Use of client confidences and secrets as well as any information relating to the representation of a client, may be used or revealed by attorney to the extent necessary to defend accusation of wrongful conduct.
- Discharged attorney entitled to quantum meruit compensation.
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Opinion 91-11 |
Former Client
An attorney is prohibited from representing a client in a negotiation of a lease against a former client when the representation is of the same or substantially related matter unless the former client consents after disclosure.
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Opinion 91-05 |
Former Client
Attorney representation of Executor when former client is judgment creditor of Legatee is restricted by Rules
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Opinion 90-05 |
Former Client
- Lawyer is prohibited from representing husband in divorce action where lawyer had previously represented husband and wife in other joint matters;
- Prohibition extends to lawyer's partner and firm.
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Opinion 88-07 |
Confidentiality | Former Client
It is professionally improper for an attorney to file an annexation lawsuit against a Village Board when the attorney has obtained confidential information in his previous position as Village Board Attorney regardless of whether this information is disclosed to the general public.
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Opinion 86-17 |
Conflict of Interest | Former Client
Duties owed by an attorney to his client are not transferred for the benefit of another to whom the client transfers its interest in the subject matter of the representation.
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Opinion 86-06 |
Former Client
A law firm may not represent a spouse in dissolution proceedings against a former divorce client where outcome could adversely affect former client's property obtained in original divorce proceedings.
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Opinion 85-11 |
Former Client
A lawyer may accept employment in an unrelated matter against the spouse of a former client, provided that the representation will not require the use of confidential information gained in the former representation, and there is no interference with the lawyer's independent professional judgment.
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Opinion 790 |
Former Client
A firm may not sue one of several multiple clients in a dispute over a matter arising out of the former representation where the firm represented all parties unless there is a waiver from all parties.
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Opinion 753 |
Former Client
It is not per se a conflict of interest for a lawyer to represent a client adverse to a former ad hoc client in a totally unrelated matter which does not involve confidences or secrets of the former client.
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Opinion 724 |
Former Client | Lawyer Representing Lawyer
There is no conflict involved in Lawyer A representing a client in a matter against the client of Lawyer B where Lawyer A has previously represented Lawyer B.
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Opinion 691 |
Former Client
Lawyer may not represent a contract purchaser who seeks amendments to the contract where that lawyer's law firm represented the contract seller at time contract entered into.
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Opinion 704 |
Former Client
It is professionally improper for a lawyer to represent a client in the defense of a traffic charge and subsequently for a member of the same law firm to oppose the former client's claim for personal injuries arising out of the same accident as the traffic violation.
