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M.R. Prof. Conduct 1.9

DUTIES TO FORMER CLIENTS

activein force · 2023-09-28 – presentact-effective-date

(a) A lawyer who has formerly represented a client in a matter shall

not thereafter represent another person in the same or a

substantially related matter in which that person’s interests are

materially adverse to the interests of the former client unless the

former client gives informed consent, confirmed in writing.

(b) A lawyer shall not knowingly represent a person in the same or a

substantially related matter in which a firm with which the lawyer

formerly was associated had previously represented a client

(1) whose interests are materially adverse to that person; and

(2) about whom the lawyer had acquired information protected by

Rules 1.6 and 1.9(c) that is material to the matter unless the

former client gives informed consent, confirmed in writing.

(c) A lawyer who has formerly represented a client in a matter or

whose present or former firm has formerly represented a client in a

matter shall not thereafter:

(1) use confidences or secrets of a former client to the

disadvantage of the former client except as these Rules would

permit or require with respect to a client, or when the

information has become generally known; or

(2) reveal confidences or secrets of a former client except as these

Rules would permit or require with respect to a client.

(d) Matters are “substantially related” for purposes of this Rule if they

involve the same transaction or legal dispute or if there otherwise is

a substantial risk that confidential factual information as would

normally have been obtained in the prior representation would

materially advance the client’s position in the subsequent matter.

Provenance

Source
courts.maine.gov
Retrieved
2026-09-24
Edition
2026-09-24
Content hash
69b9c9d036a4af13c088ab17cf68271b3504d7426b0043d71a391d8e23849e1b
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M.R. Prof. Conduct 1.9 — DUTIES TO FORMER CLIENTS · binding.law