If a lawyer changes firms, what must they ensure regarding their former clients?

When a lawyer transitions to a new firm, it is crucial that screening measures are implemented to ensure the protection of former client interests. This requirement arises from the principles of confidentiality and conflict of interest outlined in the ABA Model Rules of Professional Conduct.

When a lawyer takes on a new role, they must be mindful of the confidential information gained during their previous representation. The old firm has an obligation to uphold this confidentiality, and similarly, the new firm must avoid any conflicts that could emerge from the previous representation. To achieve this, the new firm typically needs to implement screening procedures that prevent lawyers who have access to the conflicting information from working on cases involving the former clients. This proactive measure helps to safeguard the trust inherent in the attorney-client relationship and ensures compliance with ethical standards.

This answer highlights the importance of ethical obligations regarding confidentiality and conflict of interest, as outlined in the Model Rules, particularly Rule 1.9, which deals with duties to former clients. By ensuring that appropriate screening measures are in place, the lawyer and their new firm can maintain ethical integrity while navigating the complexities of former client relationships.