(a) Except as
law may otherwise expressly
permit, a lawyer who has
formerly served as a public
officer or employee of the
government:
(1) is
subject to Rule 1.9(c); and
(2) shall
not otherwise represent a
client in connection with a
matter in which the lawyer
participated personally and
substantially as a public
officer or employee, unless
the appropriate government
agency gives its informed
consent, confirmed in
writing, to the
representation.
(b) When a
lawyer is disqualified from
representation under paragraph
(a), no lawyer in a firm with
which that lawyer is associated
may knowingly undertake or
continue representation in such
a matter unless:
(1) the
disqualified lawyer is
timely screened from any
participation in the matter
and is apportioned no part
of the fee therefrom; and
(2)
written notice is promptly
given to the appropriate
government agency to enable
it to ascertain compliance
with the provisions of this
rule.
(c) Except as
law may otherwise expressly
permit, a lawyer having
information that the lawyer
knows is confidential government
information about a person
acquired when the lawyer was a
public officer or employee, may
not represent a private client
whose interests are adverse to
that person in a matter in which
the information could be used to
the material disadvantage of
that person. As used in this
Rule, the term "confidential
government information" means
information that has been
obtained under governmental
authority and which, at the time
this Rule is applied, the
government is prohibited by law
from disclosing to the public or
has a legal privilege not to
disclose and which is not
otherwise available to the
public. A firm with which that
lawyer is associated may
undertake or continue
representation in the matter
only if the disqualified lawyer
is timely screened from any
participation in the matter and
is apportioned no part of the
fee therefrom.
(d) Except as
law may otherwise expressly
permit, a lawyer currently
serving as a public officer or
employee:
(1) is
subject to Rules 1.7 and
1.9; and
(2) shall
not:
(i)
participate in a matter
in which the lawyer
participated personally
and substantially while
in private practice or
nongovernmental
employment, unless the
appropriate government
agency gives its
informed consent,
confirmed in writing; or
(ii)
negotiate for private
employment with any
person who is involved
as a party or as lawyer
for a party in a matter
in which the lawyer is
participating personally
and substantially,
except that a lawyer
serving as a law clerk
to a judge, other
adjudicative officer or
arbitrator may negotiate
for private employment
as permitted by Rule
1.12(b) and subject to
the conditions stated in
Rule 1.12(b).
(e) As used
in this Rule, the term "matter"
includes:
(1) any
judicial or other
proceeding, application,
request for a ruling or
other determination,
contract, claim,
controversy, investigation,
charge, accusation, arrest
or other particular matter
involving a specific party
or parties, and
(2) any
other matter covered by the
conflict of interest rules
of the appropriate
government agency.
