LEO: Conflict of Interests - Past Client  LE Op. 348


Conflict of Interests - Past Client.


December 4, 1979


It is not ethically proper for a lawyer or his law firm to refuse to

disclose information vital to a dispute involving a former client to that

former client, even though the lawyer or law firm currently acts as

general counsel to an entity which now has interests adverse to the former

client, where that information specifically relates to facts arising out

of the attorney-client relationship that existed between the lawyer or law

firm and the former client. Furthermore, it would not be ethically

permissible for the lawyer or law firm to represent either the former

client or the current client in any litigation arising between the two.

[See II: DR:4-101(B)(2) (withholding is same as "using"); EC:4-6; and

DR:9-102(B)(4) (information is a "property" of client).]


Committee Opinion December 4, 1979