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End-of-life notice: American Legal Ethics Library

As of March 1, 2013, the Legal Information Institute is no longer maintaining the information in the American Legal Ethics Library. It is no longer possible for us to maintain it at a level of completeness and accuracy given its staffing needs. It is very possible that we will revive it at a future time. At this point, it is in need of a complete technological renovation and reworking of the "correspondent firm" model which successfully sustained it for many years.

Many people have contributed time and effort to the project over the years, and we would like to thank them. In particular, Roger Cramton and Peter Martin not only conceived ALEL but gave much of their own labor to it. We are also grateful to Brad Wendel for his editorial contributions, to Brian Toohey and all at Jones Day for their efforts, and to all of our correspondents and contributors. Thank you.

We regret any inconvenience.

Some portions of the collection may already be severely out of date, so please be cautious in your use of this material.


Connecticut Legal Ethics

1.11   Rule 1.11 Successive Government and Private Employment

1.11:100   Comparative Analysis of Connecticut Rule

Primary Connecticut References: CT Rule 1.11
Background References: ABA Model Rule 1.11, Other Jurisdictions
Commentary:
Connecticut Commentary:

1.11:101      Model Rule Comparison

Conn. Rule 1.11 is identical to Model Rule 1.11, apart from one difference: Section (c)(2) of the Model Rule provides an exception whereby Ëa lawyer serving as a law clerk to a judge, other adjudicative officer or arbitrator may negotiate for private employment as permitted by Rule 1.12(b) and subject to the conditions stated in Rule 1.12(b),Ó which Conn. Rule 1.11 does not provide.

1.11:102      Model Code Comparison

Paragraph (a) is similar to DR-9-101(B), except that the latter used the terms Ëin which he had substantial responsibility while he was a public employee.Ó Paragraphs (b), (c), (d) and (e) had no counterparts in the Model Code.

1.11:110      Federal Conflict of Interest Statutes and Regulations

[The discussion of this topic has not yet been written.]

1.11:120      Connecticut Conflict of Interest Statutes and Regulations

[The discussion of this topic has not yet been written.]

1.11:130      Definition of "Matter"

Informal Opinion 89-7 (1989) opined that an attorney who was previously a town employee and had frequent contact with the Planning and Zoning Commission was prohibited from representing a developer in any matters, even those that did not necessitate the attorneyÁs appearance before any board or agency. The Committee interpreted the rule as Ëbroadly prescriptive of any representation in the circumstances involved.Ó

1.11:200   Representation of Another Client by Former Government Lawyer

Primary Connecticut References: CT Rule 1.11(a)
Background References: ABA Model Rule 1.11(a), Other Jurisdictions
Commentary:
Connecticut Commentary:

In Tzepos v. City of Waterbury, No. 0109550, 1992 WL 280735, *1 (Conn. Super. Oct. 6, 1992), the court held that Conn. Rule 1.11 did not require the disqualification of plaintiffÁs attorney in plaintiffÁs tax appeal against defendant. PlaintiffÁs attorney had been a member of the Corporation CounselÁs office representing the defendant in tax appeals at the time the assessment in question was made. The court found that there was no evidence that this assessment or any confidential information concerning this assessment was ever discussed by any city officials with the Corporation CounselÁs office while plaintiffÁs attorney was employed there.

1.11:210      No Imputation to Firm if Former Government Lawyer Is Screened

There appear to be no pertinent Connecticut court decisions or ethics opinions on this subject.

1.11:300   Use of Confidential Government Information

Primary Connecticut References: CT Rule 1.11(b)
Background References: ABA Model Rule 1.11(b), Other Jurisdictions
Commentary:
Connecticut Commentary:

There appear to be no pertinent Connecticut court decisions or ethics opinions on this subject.

1.11:310      Definition of "Confidential Government Information"

There appear to be no pertinent Connecticut court decisions or ethics opinions on this subject.

1.11:400   Government Lawyer Participation in Matters Related to Prior Representation

Primary Connecticut References: CT Rule 1.11(c)
Background References: ABA Model Rule 1.11(c), Other Jurisdictions
Commentary:
Connecticut Commentary:

Informal Opinion 89-7 (1989) concerned a person who performed government service prior to admission to the bar. The Committee on Professional Ethics opined that since Conn. Rule 1.11 applied here, the attorney was not permitted to represent a developer in any matters because of his previously-held position as director of economic development and frequent meetings with the Planning and Zoning Commission.

1.11:500   Government Lawyer Negotiating for Private Employment

Primary Connecticut References: CT Rule 1.11(c)(2)
Background References: ABA Model Rule 1.11(c)(2), Other Jurisdictions
Commentary:
Connecticut Commentary:

There appear to be no pertinent Connecticut court decisions or ethics opinions on this subject.