Multistate Professional Responsibility Exam Practice Question
A lawyer served as staff counsel for a state agency tasked with enforcing building codes. The lawyer personally oversaw an investigation involving a commercial property. The lawyer left the agency and has been asked to represent that commercial property in a related proceeding. Which option is BEST?
Call the ethics hotline.
The lawyer can represent the client if the investigation ended before the lawyer left the agency.
The lawyer can represent the client if the agency grants consent in writing.
The lawyer cannot represent the client because the lawyer’s government service prevents representation in that matter.
When lawyers move from a government position to a private role, a conflict arises if the lawyer participated personally and substantially in the same matter. They are permitted to undertake the representation if the government entity grants written approval. The lawyer’s prior involvement does not outright ban future representation, but the consent requirement remains. Even if the investigation ended before leaving the agency, that does not eliminate the need for the former employer’s written approval.
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What does it mean to have participated 'personally and substantially' in a matter?
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Why is written consent from the agency necessary for representation?
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What are the implications if the lawyer proceeds without the agency's consent?