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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5-Lawyers Changing Jobs

10-Former Government Lawyer Conflicts

45-Law Firms - Miscellaneous

A law firm wants to hire a local government attorney with whom the firm is working on behalf of the local government entity. It would be a per se ethical violation for the former government attorney to personally participate in matters on which the lawyer worked while a public employee, "although adverse representation is not involved." However, because Canon 9 has no imputed disqualification rule, the firm may continue to represent the entity as long as the new lawyer is not personally involved. If a former government lawyer intends to be adverse to a former client, the lawyer's personal disqualification would result in the firm's imputed disqualification under DR 5-105(E). [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