d Unless allowed by law a L currently serving as a public officer or employee i

D unless allowed by law a l currently serving as a

  • Yeshiva University
  • LAW 7711
  • Notes
  • davidvictor
  • 31
  • 100% (1) 1 out of 1 people found this document helpful

This preview shows page 21 - 22 out of 31 pages.

(d) Unless allowed by law, a L. currently serving as a public officer or employee: (i) is subject to MR 1.7 and 1.9 ; and shall not : (ii) participate in a matter in which the lawyer participated personally and substantially while in private practice or nongovernmental employment , unless the appropriate government agency gives its informed consent , in writing; or (iii) negotiate for private employment with any person who is involved as a party or as lawyer for a party in a matter in which the lawyer is participating personally and substantially, except that a lawyer serving as a law clerk to a judge, other adjudicative officer or arbitrator may negotiate for private employment as permitted by MR 1.12(b) and subject to the conditions stated in MR 1.12(b). (e) As used in this Rule, the term "matter" includes: (1) any judicial or other proceeding, application, request for a ruling or other determination, contract, claim, controversy, investigation, charge, accusation, arrest or other particular matter involving a specific party or parties, and (2) any other matter covered by the conflict of interest rules of (b) Unless allowed by law, : (1) L. shall not represent a private client in connection with a matter in which the lawyer participated personally and substantially as a public officer or employee , barb2right and no lawyer in a firm with which that lawyer is associated may knowingly undertake or continue representation in such a matter unless : (i) The disqualified lawyer is effectively screened from any participation, direct or indirect, including discussion, in the matter and is apportioned no part of the fee therefrom; and (ii) There are no other circumstances in the particular representation that create an appearance of impropriety . (2) L. having information that the lawyer knows is confidential government information about a person , acquired when the lawyer was a public officer or employee, may not represent a private client whose interests are adverse to that person in a matter in which the information could be used to the material disadvantage of that person . barb2right A firm with which that lawyer is associated may knowingly undertake or continue representation in the matter only if the disqualified lawyer is effectively screened from any participation, direct or indirect, including discussion, in the matter and is apportioned no part of the fee therefrom. (3) L. serving as public officer or employee shall not : (i) Participate in a matter in which the lawyer participated personally and substantially while in private practice or non-governmental employment , unless under applicable law no one else is, or by lawful delegation may be, authorized to act in the lawyer's stead in the matter ; or (ii) Negotiate for private employment with any person who is involved as a party or as attorney for a party in a matter in which the lawyer is participating personally and substantially .
Image of page 21
Image of page 22

You've reached the end of your free preview.

Want to read all 31 pages?

  • Fall '02
  • staff
  • The Hours, The Land, Lawyer, l., cl., Tal Dickstein, Professor Yaroshefsky

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture