MBE Rules · Professional Responsibility

Former Government Lawyers

Cal. Rule 1.11

The rule

A former government lawyer may not represent a client in a matter in which she participated personally and substantially, but the firm may proceed if she is screened, apportioned no fee, and the agency is notified.

In plain English

A former government lawyer cannot represent a client in any case where they were personally and significantly involved while working for the government. However, their law firm can take on the case if the former lawyer is properly screened from the matter, does not receive any payment from it, and the relevant government agency is informed.

Worked example

Jane, a former prosecutor, leaves her government job and joins a private law firm. Her firm wants to represent a defendant in a criminal case that Jane previously handled while at the prosecutor's office. Jane is screened from the case, does not receive any fees from it, and the prosecutor's office is notified. The firm can proceed with the representation.

Memory hook

No former government lawyer in the courtroom where they once served!

The trap

Exams may present scenarios where students overlook the requirement of notifying the agency or fail to recognize what constitutes 'personal and substantial' involvement.

How examiners test it

Questions often involve hypothetical situations where a former government lawyer is tempted to represent a client in a related matter, testing the candidate's understanding of the screening and notification requirements.

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