A former government lawyer, now in private practice, wants to represent a client in a matter in which the lawyer personally participated while in government. What condition must be satisfied for representation to be allowed?

A former government lawyer, now in private practice, wants to represent a client in a matter in which the lawyer personally participated while in government. What condition must be satisfied for representation to be allowed?

• A. Government informed consent
• B. The matter has ended for any ongoing effect
• C. The client must waive any conflict
• D. The lawyer's own consent

Answer: (A)

In this scenario, the key rule is about former government lawyers and conflicts of interest. If you personally and substantially participated in a matter while in government, you may not represent a private client in the same matter unless the government provides informed consent in writing after you give proper notice to the agency. That written consent from the government is what allows the representation to proceed, ensuring the agency has a chance to assess any conflicts and object if needed. A client’s waiver or the lawyer’s own consent isn’t enough—the government’s informed consent is required.

In this scenario, the key rule is about former government lawyers and conflicts of interest. If you personally and substantially participated in a matter while in government, you may not represent a private client in the same matter unless the government provides informed consent in writing after you give proper notice to the agency. That written consent from the government is what allows the representation to proceed, ensuring the agency has a chance to assess any conflicts and object if needed. A client’s waiver or the lawyer’s own consent isn’t enough—the government’s informed consent is required.