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 Òconfidential government informationÓ while the lawyer was a public officer. Both Rules also provide the same exceptions, allowing the disqualified lawyerÕs 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 LouisianaÕs 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.