DUTIES TO FORMER CLIENTS

Maine Rules of Professional Conduct

Rule: 1.9

Jurisdiction: ME

Bluebook Citation: Me. R. Prof. Conduct 1.9

(a) A lawyer who has formerly represented a client in a matter shall in the same or a not thereafter represent another person substantially related matter in which that person’s interests are 7 materially adverse to the interests of the former client unless the former client gives informed consent, confirmed in writing. (b) A lawyer shall not knowingly represent a person in the same or a substantially related matter in which a firm with which the lawyer formerly was associated had previously represented a client (1) whose interests are materially adverse to that person; and (2) about whom the lawyer had acquired information protected by Rules 1.6 and 1.9(c) that is material to the matter unless the former client gives informed consent, confirmed in writing. (c) A lawyer who has formerly represented a client in a matter or whose present or former firm has formerly represented a client in a matter shall not thereafter: (1) use confidences or secrets of a former client to the disadvantage of the former client except as these Rules would permit or require with respect to a client, or when the information has become generally known; or (2) reveal confidences or secrets of a former client except as these Rules would permit or require with respect to a client. (d) Matters are “substantially related” for purposes of this Rule if they involve the same transaction or legal dispute or if there otherwise is a substantial risk that confidential factual information as would normally have been obtained in the prior representation would materially advance the client’s position in the subsequent matter.

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