Consumer Protection Law
Consumer Protection Law Questions? Ask a Lawyer Now.
(a) A lawyer who has formerly represented a client in a matter shall not thereafter represent another person in the same or a substantially related matter in which that person's interests are materially adverse to the interests of the former client unless the former client gives informed consent, confirmed in writing.
(b) A lawyer shall not knowingly represent a person in the same or a substantially related matter in which a firm with which the lawyer formerly was associated had previously represented a client
(1) whose interests are materially adverse to that person; and
(2) about whom the lawyer had acquired information protected by Rules 1.6 and 1.9(c) that is material to the matter;
unless the former client gives informed consent, confirmed in writing.
(c) A lawyer who has formerly represented a client in a matter or whose present or former firm has formerly represented a client in a matter shall not thereafter:
(1) use information relating to the representation to the disadvantage of the former client except as these Rules would permit or require with respect to a client, or when the information has become generally known; or
(2) reveal information relating to the representation except as these Rules would permit or require with respect to a client.
Nothing in what you've told me has indicated that the firm hiring this former lead in the class action would be somehow violating these duties to former (other) members of the class. Likewise, the firms duty to the former (lead) member would not somehow be jeopardized by hiring him to do other work not related to the. Overall, as long as the lead members duties didn't somehow include work on the prior case or somehow taking a position adverse to the class. Then it would be an ethical practice and not malpractice.
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Thanks John, I appreciate the response. On that some token then would it be safe to assume no ethics rules would be broken if that same firm possibly even partners up with their former class rep on an entirely separate and unrelated business deal? Something completely unrelated, let's say for example the class rep and that law firm invest together in a fast food business, or a startup web company, etc. etc.
Thanks again, I will not ask anymore questions.
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