A former government lawyer who acquired confidential information cannot represent a client if the client's interests are adverse to the government based on that information.

A former government lawyer who acquired confidential information cannot represent a client if the client's interests are adverse to the government based on that information.

• A. They may represent if the information is no longer confidential
• B. They may represent the client despite the information
• C. They may not represent the client and may not disclose the confidential information
• D. They may disclose the information to the client if necessary

Answer: (C)

The key idea is that a lawyer who previously served in the government and learned confidential information cannot take on a matter for a client whose interests are adverse to the government if that information could be used to the client’s advantage. The role creates a conflict and a duty to protect the government’s confidences. Because the information is confidential and relevant to the government’s position, representing the client would risk using or exposing that information to the client, which is prohibited. The lawyer must not disclose the confidential information either, except as allowed by the ethics rules. Even if the information later loses its confidential status, the conflict can persist for the same matter unless the government gives informed written consent to the representation. Therefore, the correct stance is that the former government lawyer may not represent the client and may not disclose the confidential information.

The key idea is that a lawyer who previously served in the government and learned confidential information cannot take on a matter for a client whose interests are adverse to the government if that information could be used to the client’s advantage. The role creates a conflict and a duty to protect the government’s confidences. Because the information is confidential and relevant to the government’s position, representing the client would risk using or exposing that information to the client, which is prohibited. The lawyer must not disclose the confidential information either, except as allowed by the ethics rules. Even if the information later loses its confidential status, the conflict can persist for the same matter unless the government gives informed written consent to the representation. Therefore, the correct stance is that the former government lawyer may not represent the client and may not disclose the confidential information.