When does a former client conflict arise for a lawyer?

A former client conflict arises for a lawyer primarily when the lawyer represents a new client in a matter that is related to a previous client's case. This situation can create a conflict because the lawyer may possess confidential information from the former client that could be relevant to the new matter. The rules of professional conduct emphasize that a lawyer must avoid situations where they could use information gained from a former client to the detriment of that client.

In this context, matters are considered related if they involve the same or substantially similar facts or issues, which could lead to a risk of compromising the former client's interests. The ethical obligation to maintain confidentiality and avoid conflicts of interest is paramount in the legal profession to preserve trust and protect clients.

While representing another party in any matter may seem problematic, the key issue is whether that matter relates to the previous client's interests. The alignment of interests between the new client and the former client is not a requisite for the emergence of a conflict; rather, it is the relatedness of the matters that establishes the conflict. Business transactions may raise different issues, but they do not inherently lead to a conflict unless they touch on the previous client's affairs.