Advisory Opinion:
1350
Year Issued:
1990
RPC(s):
RPC 1.6; 1.9(b); 1.11(b)
Subject:
Conflict of interest; representation adverse to former client; lawyer suing former client on own behalf and on behalf of other clients
The Committee reviewed your inquiry concerning proposed representation which might relate to your former employment as Assistant Attorney General assigned to the education division and your representation of parties connected to a college.
Your first question was whether you could pursue your own cause of action regarding your contract as college legal counsel. The Committee is of the opinion that such conduct would not violate RPC 1.9(b) because, although you may have confidences or secrets of your former client, RPC 1.6 would permit you to disclose those as reasonably necessary to establish a claim on your own behalf in a controversy between you and your former client. Similarly, the Committee is of the opinion that such conduct would not violate RPC 1.11(b) because whatever confidences or secrets you may have do not appear to be relevant to your proposed litigation.
Further, regarding your proposed representation of a group of citizens to pursue an action against the college president and Board of Trustees for negligent hiring of the president, the Committee was of the opinion that since you were not involved in the hiring, there is no indication that you have any relevant confidences or secrets.
Similarly, regarding the proposed representation of a campus police officer who wants to hire you to pursue a wrongful discharge action against the college, the Committee again is of the opinion, based upon the facts presented, there is no indication that you have any relevant confidences or secrets.
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