Rule 1.11 Special Conflicts Of Interest For Former And Current
Government Officers And Employees
(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.