Rule 1.09 received a complete overhaul and will be examined across two TLIE Top Tips. 

Rule 1.09(a) prohibits a lawyer from taking on a new client in the same or substantially related matter as a former client when the new client’s interests are materially adverse to the former client, unless the former client gives informed consent, confirmed in writing. We previously discussed these new defined terms in our TLIE Top Tips of September 6 and September 13.

Usually it is clear when a matter is the “same.” What can be less clear is when a matter is “substantially related.” New Comment 2 to Rule 1.09 discusses the scope of a “matter” and concludes that if the lawyer’s representation of the former client in a matter was so involved that his representation of the new client can be justly regarded as changing sides, then the “matter” is one to which Rule 1.09(a) applies.…