Colorado Legal Ethics

1.9 Rule 1.9 Conflict of Interest: Former Client

1.9:100 Comparative Analysis of Colorado Rule

¥ Primary Colorado References: CO Rule 1.9
¥ Background References: ABA Model Rule 1.9, Other Jurisdictions
¥ Commentary:

1.9:101 Model Rule Comparison

Colo.RPC 1.9 and its Comment are identical to the Model Rule and its Comment.

1.9:102 Model Code Comparison

There was no counterpart to Colo.RPC 1.9 in the Model Code. Representation adverse to a former client sometimes was addressed under the "appearance of impropriety standard" of Canon 9, and under Canon 5, which stated that "[a] lawyer should exercise independent professional judgment on behalf of a client." EC 4-6 stated that the "obligation of a lawyer to preserve the confidences and secrets of his client continues after the termination of his employment."

The standard for waiver that appears in Colo.RPC 1.9(b) is similar to the Code's standard for waiver in the representation of multiple clients, which appeared in DR 5-105(C).

The exception in the last clause of Colo.RPC 1.9(c)(1), which permits a lawyer to use information relating to a former client that "has become generally known," is consistent with Canon 4, which required the lawyer to preserve only "confidences and secrets" of a client, rather than all information relating to the representation. See also DR 4-101(A) (defining "confidence" and "secret").