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Some portions of the collection may already be severely out of date, so please be cautious in your use of this material.


Maryland Legal Ethics

1.11   Rule 1.11 Successive Government and Private Employment

1.11:100   Comparative Analysis of Maryland Rule

Primary Maryland References: MD Rule 1.11
Background References: ABA Model Rule 1.11, Other Jurisdictions
Commentary:

1.11:101      Model Rule Comparison

Maryland Rule 1.11 is nearly identical to the MR 1.11, except for paragraph (c)(2). MR 1.11(c)(2) provides an explicit exception not included in Maryland Rule 1.11. MR 1.11(c)(2) prohibits a former public sector lawyer who was substantially involved in a matter from working on the same matter in the private sector "except that a 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)." The Maryland Rules contain the same substantive exception in Rule 1.12(b), but lack the cross-reference found in MR 1.11(c)(2). The comments to Maryland Rule 1.11 and the MR 1.11 are substantially identical, excluding comment regarding the exception stated above.

1.11:102      Model Code Comparison

Maryland Rule 1.11(a) is similar to DR 9-101(B), except that the latter uses the terms "in which he had substantial responsibility while he was a public employee."

Maryland Rule 1.11(b), (c), (d) and (e) have no counterpart in the Model Code.

1.11:110      Federal Conflict of Interest Statutes and Regulations

This section has not yet been completed.

1.11:120      Maryland 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 Maryland References: MD 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

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 Maryland References: MD 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

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 Maryland References: MD 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 Maryland References: MD 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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