Carefully Evaluate Whether Issues Involving Your Case Are 'Substantially Related'
In a conflict of interest where I represented a person previously, what does "substantially related" mean in terms of disqualification?
September 07, 2017 at 04:45 PM
9 minute read
Carefully evaluate whether issues involving your case are 'substantially related.'
In a conflict of interest where I represented a person previously, what does “substantially related” mean in terms of disqualification?
The term substantially related is found in Rule of Professional Conduct 1.9, titled, “Duties to Former Clients.” The conflict of interest rules are set forth in Rules 1.7, 1.8, and 1.9 of the Rules of Professional Conduct. Rule 1.7 is the general conflict of interest rule involving concurrent conflict of interest. Rule 1.8 is special conflicts of interest rule. Rule 1.9 is the conflicts of interest rule involving former clients.
The actual language in Rule 1.9 notes as follows: “A lawyer who has formerly represented a client in a matter shall not thereafter represent another person in the same or a substantially related matter in which that person's interests are materially adverse to the interest of the former client unless the former client gives informed consent.”
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