Practicing With Professionalism - South Carolina Bar Association
Practicing With Professionalism - South Carolina Bar Association
Practicing With Professionalism - South Carolina Bar Association
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. The attorney-client relationship is deemed to be an ongoing one<br />
"giving rise to a continuing duty to the client unless and until the<br />
client clearly understands, or reasonably should understand that the<br />
relationship is no longer to be depended on." See People v. Bennett,<br />
810 P.2d 661 (Colo. 1991).<br />
(<br />
6. An· attorney cannot accept a case against a former client in the same or<br />
substantially related matter unless the former client consents after<br />
consultation. Colo. RPC 1.9(a).<br />
7. Successive Government and Private Employment. See Colo. RPC 1.11.<br />
a. An attorney may not represent a private client in connection with a<br />
matter in which the attorney substantially and personally participated<br />
in as a public officer or employee, unless the government agency<br />
consents after consultation. Colo. RPC 1.1 1(a).<br />
b. The attorney's firm is also prohibited from knowingly undertaking or<br />
continuing representation unless the particular attorney is properly<br />
screened, he or she is apportioned no part of the fee, and proper<br />
written notice is promptly sent to the government agency. Colo. RPC<br />
1.1 1(a)(b).<br />
c. In general, an attorney who gains· confidential information about a (<br />
party through government employment may not represent a private<br />
party adverse to the party about which the information pertains, if<br />
that information could be used to the material disadvantage to the<br />
party. Colo. RPC IJ I(b).<br />
d. In such a case, the attorney's firm may undertake or continue<br />
representation only if the disqualified attorney is screened and not<br />
apportioned any part ofthe fee.<br />
e. See Colo. RPC 1.11 (d) and (e) for a definition of "matter" and<br />
"confidential government information."<br />
8. What to do with a client file on discharge by the client, termination by the<br />
attorney, or the conclusion ofa client matter?<br />
C. Duty ofconfidentiality after withdrawal or termination:. ".<br />
1. The attorney's ethical obligation to maintain client confidences continues<br />
after termination of the attorney-client relationship. See Rodriguez v.<br />
District Court, 719 P.2d 699, 704 (Colo. 1986). (The previous<br />
representation of a prosecution witness by a public defender caused the (<br />
prosecution to file a motion to disqualify the Office of the Public ,<br />
<strong>Professionalism</strong> CLE (2004)
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