These summaries were prepared by McGuireWoods LLP lawyer Thomas E. Spahn. They are based on the letter opinions issued by the Virginia State Bar. Any editorial comments reflect Mr. Spahn's current personal views, and not the opinions of the Virginia State Bar, McGuireWoods or its clients. 
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10-Former Government Lawyer Conflicts

A federal government lawyer worked on formulating an agency rule. After the lawyer left the agency, the rule was redrafted and ultimately enacted in a form different than that on which the lawyer worked. The lawyer was free to join a firm challenging the rule ultimately enacted unless the lawyer's duty to keep his former client's (the agency) confidences secret would prevent the lawyer from vigorously representing his new client. [Rule 1.11 allows a law firm to avoid disqualification in certain circumstances if it screens the former government lawyer.]

Copyright 2000, Thomas E. Spahn