Consider the following hypothetical: A prominent lawyer has built a robust career prosecuting premises liability lawsuits throughout the state for many years. The lawyer eventually decides to make a change and has an opportunity to work for a firm that defends, rather than prosecutes, such lawsuits.

The law firm at issue represents a large retailer that frequently faces premises liability lawsuits. The law firm wants to hire the departing lawyer, given his or her expertise in the field. But there’s a catch: the law firm currently is involved in lawsuits in which it is defending a retailer against claims made by former clients of the departing lawyer. Can the law firm still hire the lawyer?

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