What does a lawyer need from a former client to represent a new client with conflicting interests?

To represent a new client with conflicting interests to those of a former client, a lawyer is required to obtain written informed consent from the former client. This necessity arises from the ethical obligations under the Model Rules of Professional Conduct, specifically Rule 1.9, which addresses the duties to former clients. The purpose of obtaining informed consent is to ensure that the former client is fully aware of the potential for conflict and agrees to the representation under those circumstances.

Written consent serves several important functions: it creates a clear record of the former client’s decision, minimizes misunderstandings, and upholds the principle that clients have control over the confidentiality of their information even after the attorney-client relationship has ended. This consent must be informed, meaning the former client should understand the nature of the new representation and any implications it may have regarding conflicts of interest.

Other options do not sufficiently address the ethical requirements for representation involving a conflict of interest. Verbal consent lacks the necessary documentation to safeguard both the attorney and the former client’s interests. A court order may not be required or applicable in many instances where consent can be appropriately obtained from the former client. Exclusion from discussions about the former client does not replace the need for consent, as it does not adequately address the lawyer's ethical