1990 Illinois Rules of Professional Conduct
RULE 1.11 Successive Government and
Private Employment
Special Conflicts of Interest for
Former and Current Government Officers and Employees
[revisions to 1990 Rule are
indicated as follows: text deleted from the 1990 Rule is shown by
strikethrough;
additions to the 1990 Rule are shown in red]
)
(a) Except as otherwise expressly permitted by law, a
lawyer shall not represent a private client in connection with a matter in
which the lawyer participated personally and substantially as a public
officer or employee, unless the appropriate government agency consents after
disclosure. No lawyer in a firm with which that lawyer is associated and
who knows or reasonably should know of the lawyer's prior participation may
undertake or continue representation in such a matter unless:
(1) the disqualified lawyer is screened from any
participation in the matter and is apportioned no specific share of the fee
therefrom; and
(2) written notice is promptly given to the appropriate
government agency to enable it to ascertain compliance with the provisions
of Rule 1.11.
(a) Except as law may otherwise expressly permit, a lawyer who has formerly served as a public officer or employee of the government:
(1) is subject to Rule 1.9(c); and
(2) shall not otherwise represent a client in connection with a matter in which the lawyer participated personally and substantially as a public officer or employee, unless the appropriate government agency gives its informed consent to the representation.
(b) When a lawyer is disqualified from representation under paragraph (a), no lawyer in a firm with which that lawyer is associated may knowingly undertake or continue representation in such a matter unless:
(1) the disqualified lawyer is timely screened from any participation in the matter and is apportioned no part of the fee therefrom; and
(2) written notice is promptly given to the appropriate government agency to enable it to ascertain compliance with the provisions of this Rule.
(b)
(c) (d) Except as
law may otherwise expressly permitted by law, a
lawyer currently serving as a public officer or employee:
(1) is subject to Rules 1.7 and 1.9; and
(2) shall not:
(1) (i) participate in a matter in which the lawyer
participated personally and substantially while in private practice or
nongovernmental employment, unless
the appropriate government agency gives its informed
consent; or
under applicable law no one is, or by
lawful delegation may be, authorized to act in the lawyer's stead in the
matter; or
(2) (ii) negotiate for private employment with any person
who is involved as a party or as lawyer for a party in a matter in which the
lawyer is participating personally or
and substantially, 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).
(d) (e) As used in
this Rule 1.11, the term "matter"
includes denotes:
(1) any judicial or other proceeding, application,
request for a ruling or other determination, contract, claim, controversy,
investigation, charge, accusation, arrest
offset or other particular matter
involving a specific party or parties;, and
(2) any other matter covered by the conflict of
interest rules of the appropriate government agency.
(e) As used in Rule 1.11, the term "confidential
government information" denotes information which has been obtained under
governmental authority and which, at the time Rule 1.11 is applied, the
government is prohibited by law from revealing to the public or has a legal
privilege not to reveal, and which is not otherwise available to the public.
Adopted February 8, 1990; effective
August 1, 1990.