The American Bar Association (ABA) recently provided updated guidance on the handling of information obtained during public service by attorneys. The clarification focuses on ABA Model Rule of Professional Conduct 1.11(c), stating that attorneys with government roles can’t represent private clients in situations where confidential information about an individual, garnered through public work, could potentially be disadvantageous to that individual.
The update extends to both present and former government employees, including attorneys with part-time public roles, as detailed in the recent statement issued by the ABA on Wednesday. The prohibition was originally aimed at managing the issue of the “revolving door”, where attorneys often shift between government work and private practice.
The ABA underscored, though, that the clarification and extension of rule 1.11(c) is essential. The association failed to perceive any opposing considerations that would limit the scope of the updated policy.
- The updated rule applies to attorneys involved in government work, both current and former ones.
- It addresses structural issues like the “revolving door” of legal professionals transitioning between public and private sectors.
- The rule is designed to protect individuals from potential harm through confidential information gained during public service by attorneys.
Legal professionals can learn more about rule 1.11(c) on the ABA’s website.