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RULE 1.11 SPECIAL CONFLICTS OF INTEREST FORMER/CURRENT GOV’T OFFICERS

RULE 1.11 SPECIAL CONFLICTS OF INTEREST FORMER/CURRENT GOV’T OFFICERS. G. Michael Witte Executive Secretary, Indiana Supreme Court Disciplinary Commission. Rule 1.11, Subsection (a). Applies to FORMER service as public officer or government employee.

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RULE 1.11 SPECIAL CONFLICTS OF INTEREST FORMER/CURRENT GOV’T OFFICERS

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  1. RULE 1.11SPECIAL CONFLICTS OF INTERESTFORMER/CURRENT GOV’T OFFICERS G. Michael Witte Executive Secretary, Indiana Supreme Court Disciplinary Commission

  2. Rule 1.11, Subsection (a) • Applies to FORMER service as public officer or government employee. • Standard of Review – PERSONALLY AND SUBSTANTIALLY participated. • Standard of Conduct – SHALL NOT REPRESENT a client IN CONNECTION WITH the prior matter. • Informed consent from gov’t agency.

  3. Rule 1.11, Subsection (b) • Applies to LAW FIRM of former public officer or gov’t employee. • Prerequisite – subsection (a) already in play. • Standard of Conduct • Law firm NOT automatically excluded. • Disqualified lawyer screened from participation and fees. • Written notice to gov’t agency.

  4. Rule 1.11, Subsection (c) • Applies to CONFIDENTIAL GOVERNMENT INFORMATION ABOUT A PERSON • Standard of Conduct – SHALL NOT REPRESENT a client whose interests are adverse to the other person’s confidential information and used to MATERIAL DISADVANTAGE of other person. • Defines “Confidential Gov’t Information”

  5. Rule 1.11, Subsection (d) • Applies to CURRENT SERVICE as public officer or government employee • Standard of Review – PERSONALLY AND SUBSTANTIALLY participated in matter while in private practice. • Standard of Conduct • SHALL NOT PARTICIPATE in the matter unless • Informed consent from former client AND gov’t agency.

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