Professional Responsibility

Government Lawyer Conflicts

Question 1

While Attorney worked for the EPA, she spent most of her time in the preparation, trial, and appeal of a case involving the illegal discharge of toxic chemicals in 1999 by Deftco. Deftco was found liable and paid a $1 million fine. Thereafter, Attorney left the EPA and joined the Smith Law Firm. While at the Smith Law Firm, B asks Attorney to represent him in an action against Deftco, in which B alleges property damage related to Deftco’s 1999 toxic discharge.

  • May Attorney represent B?
  • May Attorney represent Deftco?
  • If not, may another lawyer in the Smith Law Firm represent B or Deftco?

Question 2

Attorney Alpha was employed as an assistant prosecutor during the time D was being investigated. Alpha played no role in the investigation and had no knowledge of facts other than those disclosed in the press. Two months ago, Alpha left the prosecutor’s office and formed a partnership with Attorney Beta. Last week, D asked Alpha to represent him.

  • May Alpha represent D?
  • If not, may Beta represent D?

Question 3

As an assistant prosecutor, Attorney represented the state in a criminal non-support action against Husband. Husband received 60 days in jail and was ordered to pay a fine. After leaving the prosecutor’s office, Husband’s spouse, Wife, asked Attorney to represent her in a suit against Husband to collect the past-due child support that was at issue in the criminal case.

  • May Attorney represent Wife?
  • If not, may another lawyer in Attorney’s firm represent Wife?

Question 4

While Attorney worked for the IRS, he learned that B owned substantial assets in Japan. Under federal law, this information is confidential and may not be disclosed outside the IRS. Attorney later left the IRS and joined the Smith Law Firm. C has asked Attorney to represent him in an action to collect a $1 million judgment from B. Thus far, C has been unable to locate any assets owned by B.

  • May Attorney represent C?
  • If not, may another lawyer in the Smith Law Firm represent C?

Question 5

While a partner at the Jones Law Firm, Lawyer represented A in civil suit filed by the SEC against A. While the litigation was still pending, Lawyer joined the SEC’s legal staff.

  • May Lawyer represent the SEC in its suit against A?
  • May the other lawyers at the SEC continue to represent the agency in its suit against A?

Question 6

Lawyer is an attorney for the FDA. While working on the application for approval of a new drug manufactured by Pharmco, Pharmco’s General Counsel asks Lawyer if she would be interested in joining Pharmco’s legal staff.

  • May Lawyer discuss such employment opportunities?
  • What if Pharmco’s outside lawyers had asked Lawyer if she were interested in joining their firm?

Question 7

Altman, a lawyer for the SEC, supervised an investigation and litigation against certain defendants, including McAlpin. The SEC litigation alleged that McAlpin and others looted millions of dollars from Capital Growth companies. McAlpin and other defendants defaulted, and the court appointed Armstrong as receiver for Capital Growth, to recover all misappropriated property. Armstrong hired the Gordon Hurwitz firm as receiver’s counsel. Altman, who had left the SEC, was now associated with Gordon Hurwitz.

  • May Altman represent Armstrong as the receiver for Capital Growth? No, unless SEC gives informed consent. But SEC may not consent if Altman has confidential government information about a person that could be used in the representation of a private client whose interests are adverse to that person.
  • Assuming Altman is disqualified, is the disqualification imputed to Gordon Hurwitz? No, the firm may represent the receiver, provided Altman is adequately screened

Question 8

Prior to his election as City Attorney, Herrera represented Cobra Solutions, Inc. in various matters, including dealings with the City. Following an investigation, which began under the direction of Herrera’s predecessor in office, the City sued Cobra for fraud in connection with a city contract.

  • Is Herrera disqualified from representing the City in the suit against Cobra?

  • Is the disqualification imputed to the rest of the City Attorney’s office?