We all know that lawyers owe ongoing duties of loyalty and confidentiality to former clients, but how far do those duties extend? Does a position we have previously taken on a client’s behalf preclude us from advocating a conflicting position when we represent our own personal interests in the future? What about our First Amendment rights?
A California court of appeal recently considered these interesting questions in Oasis West Realty, LLC v. Goldman . Goldman is an attorney who personally and publicly opposed a proposed real estate development in his neighborhood; unfortunately, his opposition occurred two years after he represented the developer in its efforts to seek approval for the very same development. The court concluded that Goldman’s efforts in opposition to his former client were protected by the First Amendment and that no duty of confidence or loyalty had been breached. This is an intriguing case and one worth a closer look.
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