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Some portions of the collection may already be severely out of date, so please be cautious in your use of this material.


Louisiana Legal Ethics

1.11   Rule 1.11 Successive Government and Private Employment

1.11:100   Comparative Analysis of Louisiana Rule

Primary Louisiana References: LA Rule 1.11
Background References: ABA Model Rule 1.11, Other Jurisdictions
Commentary:

1.11:101      Model Rule Comparison

LRPC 1.11(a)(1) and (2) are identical to MR 1.11(a)(1) and (2). Both prevent, with limited exceptions, a lawyer and his associates in a firm from representing a client in a private capacity, in a matter in which the lawyer was involved as a public employee.

LRPC 1.11(b) and MR 1.11(b) are identical in preventing a lawyer from representing a private client whose interests are adverse to someone about whom the lawyer acquired “confidential government information” while the lawyer was a public officer. Both Rules also provide the same exceptions, allowing the disqualified lawyer’s firm to undertake or continue such representation if the disqualified lawyer is screened off and prevented from being apportioned any amount of the fee.

LRPC 1.11(c) prevents a lawyer now serving in a public capacity from participating (in his public capacity) in a matter in which he participated in a private capacity or from negotiating for private employment with those with whom he is involved in his public employment. MR 1.11(c) prevents the same activity, except that MR 1.11(c)(2) allows a lawyer serving as a law clerk to negotiate for private employment according to MR 1.12(b). LRPC 1.11 does not address law clerks. For Louisiana’s regulation of law clerks, see Section 1.12:100. LRPC 1.11(d) and (e) are identical to MR 1.11(d) and (e).

1.11:102      Model Code Comparison

LRPC 1.11(a) prevents a lawyer from representing a private client in a matter in which the lawyer participated as a public officer unless the appropriate government agency consents after consultation. Other lawyers in his firm are also disqualified from knowingly representing this client unless the disqualified lawyer is screened off and is apportioned no part of the fee. Written notice must also be given to the agency. DR 9-101(C) also prevents a lawyer from representing private clients in matters for which he had a substantial responsibility while a public employee. The Model Code does not give the public entity an opportunity to consent nor does it provide for the screening of disqualified attorneys.

LRPC 1.11(c) prevents a lawyer serving in a public capacity from participating in matters he was formerly involved with as private counsel, unless no other attorney is authorized to act in his place. Lawyers are also prevented from negotiating for private employment with persons involved with the lawyer in his public capacity. The Model Code briefly addresses the latter situation in EC 8-8, advising lawyers serving as public officers to avoid activities which would pit their professional interests against their official duties. LRPC 1.11(d) and (e) define terms used in the rule. There is no Model Code counterpart to these definitions.

1.11:110      Federal Conflict of Interest Statutes and Regulations

This section has not yet been completed.

1.11:120      Louisiana Conflict of Interest Statutes and Regulations

This section has not yet been completed.

1.11:130      Definition of "Matter"

This section has not yet been completed.

1.11:200   Representation of Another Client by Former Government Lawyer

Primary Louisiana References: LA Rule 1.11(a)
Background References: ABA Model Rule 1.11(a), Other Jurisdictions
Commentary: ABA/BNA § 91:4001, ALI-LGL § 214, Wolfram § 8.10

This section has not yet been completed.

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

This section has not yet been completed.

1.11:300   Use of Confidential Government Information

Primary Louisiana References: LA Rule 1.11(b)
Background References: ABA Model Rule 1.11(b), Other Jurisdictions
Commentary: ABA/BNA § 91:4001, ALI-LGL § 214, Wolfram § 8.10

This section has not yet been completed.

1.11:310      Definition of "Confidential Government Information"

This section has not yet been completed.

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

Primary Louisiana References: LA Rule 1.11(c)
Background References: ABA Model Rule 1.11(c), Other Jurisdictions
Commentary: ABA/BNA § 91:4001, ALI-LGL § 213, 214, Wolfram § 8.9.4

This section has not yet been completed.

1.11:500   Government Lawyer Negotiating for Private Employment

Primary Louisiana References: LA Rule 1.11(c)(2)
Background References: ABA Model Rule 1.11(c)(2), Other Jurisdictions
Commentary: ABA/BNA § 91:4001, ALI-LGL §§ 156, 214, Wolfram § 9.10

This section has not yet been completed.

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