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