Ethics Committee Advisory Opinion #1986/7-7

May 12, 1987


Even after termination of an old client, a lawyer has a continuing duty to avoid representing a new client in situations that would risk a breach of confidentiality or otherwise be unduly adverse to the old client.  (Rule 1.9);

The fact that a present client is a competing business of a prior client, does not by itself constitute a direct adverse interest that would create an impermissible conflict of interest.  (Rule 1.7);

A lawyer must avoid representing a new client in a substantially related matter materially adverse to a prior client.  (Rule 1.9)


Is it a violation of the Rules of Professional Conduct for a law firm to continue representation of a new client over the objections of an old client under the circumstances presented by this inquiry?1

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