Advisory Opinion:
1857
Year Issued:
1999
RPC(s):
RPC 1.9; 1.10; 5.3
Subject:
Conflict of interest; lawyer worked for opposing firm as law clerk or intern before admitted to practice
I have been instructed by the Rules of Professional Conduct Committee to respond to your ethics inquiry #1857 concerning your position as a former law clerk and future employment.
The Committee has reviewed your inquiry and determined the following:
We understand that you asked two related questions pertaining to potential conflicts that may arise as a result of your work as a clerk or intern for a law firm, and whether and how this could be addressed by a screening mechanism.
First, under RPC 5.3 the rules apply to nonlawyers as well as to the lawyers in a law firm. Although while you are a clerk or an intern the lawyers of the office are responsible for your compliance; once you are a lawyer you are also responsible to comply with the RPCs. This would include potential conflicts for work you had done before you passed the bar. In addition, if you were a Rule 9 Legal Intern, you would have been fully subject to the RPCs.
The fact pattern you have described is governed by RPC 1.9. You should follow the procedures set forth in the rule before working on a matter adverse to a client of the firm where you worked and where you had access to information about the client. A determination of materiality of the information you may have cannot be safely made unilaterally.
RPC 1.10 sets forth the criteria for setting up what has been termed a "screening mechanism." The application of this rule is fact specific. To give specific advice on how to set such a mechanism up in your case would constitute giving legal advice. The committee does not give legal advice.
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