ABA Clarifies Rule on Information Obtained During Public Service

Attorneys with government jobs can’t represent private clients in cases where confidential information learned about an individual through the attorney’s public work could disadvantage the individual, the American Bar Association said on Wednesday.

The opinion clarified the scope of ABA Model Rule of Professional Conduct 1.11(c). The prohibition extends to both current and former government workers, including attorneys who hold part-time public jobs, the ABA said.

This is the case even though 1.11(c) was once aimed at regulating the “revolving door” of lawyers moving from government to private practice, the ABA explained.

“We do not perceive any countervailing considerations ...