skip navigation
search

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Some portions of the collection may already be severely out of date, so please be cautious in your use of this material.


Florida Legal Ethics

1.11   Rule 1.11 Successive Government and Private Employment

1.11:100   Comparative Analysis of Florida Rule

Primary Florida References: FL Rule 4-1.11
Background References: ABA Model Rule 1.11, Other Jurisdictions
Commentary:

1.11:101      Model Rule Comparison

The Florida Rule differs from MR 1.11 only in that it omits the provision in MR 1.11(c)(2) allowing a lawyer serving as a law clerk to a judge, other adjudicative officer or arbitrator to negotiate for private employment pursuant to MR 1.12(b).

1.11:102      Model Code Comparison

DR 9-101(B) provides that a lawyer shall not accept private employment in a matter in which he had substantial responsibility while he was a public employee, which is similar to FL Rule 4-1.11(a) except that the DR makes no provision for informed consent by the former public employee. The other provisions of FL Rule 4-1.11 have 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      Florida Conflict of Interest Statutes and Regulations

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

1.11:130      Definition of "Matter"

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

1.11:200   Representation of Another Client by Former Government Lawyer

Primary Florida References: FL Rule 4-1.11(a)
Background References: ABA Model Rule 1.11(a), Other Jurisdictions
Commentary: ABA/BNA 91:4001, ALI-LGL 133, Wolfram 8.10

No Florida cases deal with representation of a private client by a former government lawyer. In Davis v. Southern Bell Tel. & Tel. Co., 149 F.R.D. 666 (S.D. Fla. 1993), the court dealt with a motion to disqualify contract attorneys who were simultaneously representing private plaintiffs and the state in a class action lawsuit. Defendant argued that the dual representation violated FL Rule 4-1.11(b), in that confidential government information about defendant was being used against defendant to the benefit of private litigants in the lawsuit. The court first held that FL Rule 4-1.11(b) applies only to successive, not joint, representation, and further found that even if the rule did apply, none of the information complained of by defendant met the definition of "confidential" found in FL Rule 4-1.11(e), either because it was otherwise available or because the government had properly waived its privilege of confidentiality.

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

There are no cases in which the issue was the screening of a former government lawyer. Courts have discussed this provision of FL Rule 4-1.11, but only in the context of distinguishing it from FL Rule 4-1.10, which does not permit a screening process. See Birdsall v. Crowngap, Ltd., 575 So. 2d 231, 232-33 (Fla. 4th DCA 1991); Edward J. DeBartolo Corp. v. Petrin, 516 So. 2d 6 (Fla. 5th DCA 1987); State v. Fitzpatrick, 464 So. 2d 1185 (Fla. 1985).

1.11:300   Use of Confidential Government Information

Primary Florida References: FL Rule 4-1.11(b) & (e)
Background References: ABA Model Rule 1.11(b), Other Jurisdictions
Commentary: ABA/BNA 91:4001, ALI-LGL 133, Wolfram 8.10

1.11:310      Definition of "Confidential Government Information"

FL Rule 4-1.11(e) defines confidential government information as information obtained under governmental authority that the government has either a privilege not to disclose or is prevented by law from disclosing, or information that is not otherwise available to the public. The definition is discussed and applied in Davis v. Southern Bell Tel. & Tel. Co., 149 F.R.D. 666 (S.D. Fla. 1993).

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

Primary Florida References: FL Rule 4-1.11(e)
Background References: ABA Model Rule 1.11(c), Other Jurisdictions
Commentary: ALI-LGL 132, 133, Wolfram 8.9.4

FL Rule 4-1.11(e) defines confidential government information as information obtained under governmental authority that the government has either a privilege not to disclose or is prevented by law from disclosing, or information that is not otherwise available to the public. The definition is discussed and applied in Davis v. Southern Bell Tel. & Tel. Co., 149 F.R.D. 666 (S.D. Fla. 1993).

1.11:500   Government Lawyer Negotiating for Private Employment

Primary Florida References: Rule 4-1.11(c)(2)
Background References: ABA Model Rule 1.11(c)(2), Other Jurisdictions
Commentary: ABA/BNA 91:4001, ALI-LGL 97, 133, Wolfram 9.10

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