Mandatory Judging
In: Loyola University Chicago Law Journal, Band 54, Heft 3
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In: Loyola University Chicago Law Journal, Band 54, Heft 3
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In: South Carolina Law Review, Band 74, Heft 2
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In: University of Illinois Law Review, Band 2022, Heft 4
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In: Georgia State University Law Review, Band 38, Heft 2
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In: Missouri Law Review, Band 87
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In: University of Memphis Law Review, Band 53, Heft 1
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In: Florida State University Law Review, Band 48, Heft 4
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In: SMU Law Review, Band 74, Heft 1
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In: Saint Louis University Law Journal, Band 65:325
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Government lawyers regularly leave public service for private law practice—often through the same revolving door that launched their public careers. The law firms they join or to which they return welcome them because of the experience they gained, and the expertise they developed, while in the government. The challenge for former government lawyers and their law firms is recognizing and managing conflicts of interest that sometimes arise out of lawyers' government service. To address the special conflict of interest concerns that emerge from the revolving door of government service, the ABA formulated Model Rule 1.11. With a single exception, Model Rule 1.11 displaces other ethics rules that generally govern conflicts of interest in lawyers' successive representations. In so doing, Model Rule 1.11 attempts to balance the competing interests in play when a matter spans a lawyer's government service and private practice. Most conflict of interest controversies involving former government lawyers pivot on the scope of the matter that is alleged to be the source of the conflict, and the degree of the lawyer's participation in the matter. To a lesser but nonetheless critical extent, former government lawyers' alleged acquisition of confidential government information also spawns disputes. Whether former government lawyers should be disciplined or disqualified for conflicts of interest tied to their public service always requires case-specific inquiry. Avoiding discipline and disqualification, and further avoiding imputed disqualification of the lawyer's law firm, requires former government lawyers and their law firms to understand and to be able to navigate the uniqueness of Model Rule 1.11. This article provides a practical guide for doing so.
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In: Catholic University Law Review, Band 70, Heft 1
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In: Tennessee Law Review, Band 87, Heft 4
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