MRPC Rule 1.11

(a) Except as law may otherwise expressly permit, a lawyer shall not represent a private client

in connection with a matter in which the lawyer participated personally and substantially as

a public officer or employee, unless the appropriate government agency consents after

consultation. No lawyer in a firm with which that lawyer is associated may knowingly

undertake or continue representation in such a matter, unless:

(1) the disqualified lawyer is screened from any participation in the matter and is

apportioned no part of the fee therefrom; and

(2) written notice is promptly given to the appropriate government agency to enable it to

ascertain compliance with the provisions of this rule.

(b) Except as law may otherwise expressly permit, a lawyer having information that the lawyer

knows is confidential government information about a person, acquired when the lawyer

was a public officer or employee, may not represent a private client whose interests are

adverse to that person in a matter in which the information could be used to the material

disadvantage of that person. A firm with which that lawyer is associated may undertake or

continue representation in the matter only if the disqualified lawyer is screened from any

participation in the matter and is apportioned no part of the fee therefrom.

Michigan Rules of Professional Conduct 31 Updated with MSC order(s)

Michigan Rules of Professional Conduct 32 Updated with MSC order(s)

(c) Except as law may otherwise expressly permit, a lawyer serving as a public officer or

employee shall not:

(1) participate in a matter in which the lawyer participated personally and substantially

while in private practice or nongovernmental employment, unless under applicable law

no one is, or by lawful delegation may be, authorized to act in the lawyer’s stead in the

matter; or

(2) negotiate for private employment with any person who is involved as a party or as an

attorney for a party in a matter in which the lawyer is participating personally and

substantially, except that a lawyer serving as a law clerk to a judge, other adjudicative

officer, or arbitrator may negotiate for private employment in accordance with Rule

1.12(b).

(d) As used in this rule, the term “matter” includes:

(1) any judicial or other proceeding, application, request for a ruling or other determination,

contract, claim, controversy, investigation, charge, accusation, arrest, or other particular

matter involving a specific party or parties; and

(2) any other matter covered by the conflict of interest rules of the appropriate government

agency.

(e) As used in this rule, the term “ confidential government information” means information that

has been obtained under governmental authority and that, at the time this rule is applied, the

government is prohibited by law from disclosing to the public or has a legal privilege not to

disclose, and that is not otherwise available to the public.

This rule prevents a lawyer from exploiting public office for the advantage of a private client. It

is a counterpart of Rule 1.10(b), which applies to lawyers moving from one firm to another.

A lawyer representing a government agency, whether employed or specially retained by the

government, is subject to the Rules of Professional Conduct, including the prohibition against

representing adverse interests stated in Rule 1.7 and the protections afforded former clients in

Rule 1.9. In addition, such a lawyer is subject to Rule 1.11 and to statutes and government

regulations regarding conflict of interest. Such statutes and regulations may circumscribe the

extent to which the government agency may give consent under this rule.

Where the successive clients are a public agency and a private client, the risk exists that power or

discretion vested in public authority might be used for the special benefit of a private client. A

lawyer should not be in a position where benefit to a private client might affect performance of

the lawyer’s professional functions on behalf of public authority. Also, unfair advantage could

accrue to the private client by reason of access to confidential government information about the

client’s adversary obtainable only through the lawyer’s government service. However, the rules

governing lawyers presently or formerly employed by a government agency should not be so

restrictive as to inhibit transfer of employment to and from the government. The government has

a legitimate need to attract qualified lawyers as well as to maintain high ethical standards. The

provisions for screening and waiver are necessary to prevent the disqualification rule from

imposing too severe a deterrent against entering public service.

Michigan Rules of Professional Conduct 33 Updated with MSC order(s)

When the client is an agency of one government, that agency should be treated as a private client

for purposes of this rule if the lawyer thereafter represents an agency of another government, as

when a lawyer represents a city and subsequently is employed by a federal agency.

Paragraphs (a)(1) and (b) do not prohibit a lawyer from receiving a salary or partnership share

established by prior independent agreement. They prohibit directly relating the attorney’s

compensation to the fee in the matter in which the lawyer is disqualified.

Paragraph (a)(2) does not require that a lawyer give notice to the government agency at a time

when premature disclosure would injure the client; a requirement for premature disclosure might

preclude engagement of the lawyer. Such notice is, however, required to be given as soon as

practicable in order that the government agency will have a reasonable opportunity to ascertain

that the lawyer is complying with Rule 1.11 and to take appropriate action if it believes the

lawyer is not complying.

Paragraph (b) operates only when the lawyer in question has knowledge of the information,

which means actual knowledge; it does not operate with respect to information that merely could

be imputed to the lawyer.

Paragraphs (a) and (c) do not prohibit a lawyer from jointly representing a private party and a

government agency when doing so is permitted by Rule 1.7 and is not otherwise prohibited by

law.

Paragraph (c) does not disqualify other lawyers in the agency with which the lawyer in question

has become associated.