1990 Illinois Rules of Professional Conduct
RULE 1.9 Conflict of Interest: Former
Client
Duties to Former Clients
[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) A lawyer who has formerly represented a client in
a matter shall not thereafter:
(1) represent another person in the
same or a substantially related matter in which that person's interests are
materially adverse to the interests of the former client,
unless the former client consents after disclosure; or
gives informed consent.
(b) A lawyer shall not knowingly represent a
person in the same or a substantially related matter in which a firm
with which the lawyer formerly was associated had previously represented
a client
(1) whose interests are materially adverse to that person; and
(2) about whom the lawyer had acquired information protected by Rules 1.6 and 1.9(c) that is material to the matter; unless the former client gives informed consent.
(c) A lawyer who has formerly represented a client in a matter or whose present or former firm has formerly represented a client in a matter shall not thereafter:
(1) (2)
use information relating to the representation to the disadvantage of the
former client, unless: (A) such use is
permitted by Rule 1.6; or (B) the information has become generally
known except as these Rules would permit or
(2) reveal information relating to the representation except as these Rules would permit or require with respect to a client.
Adopted February 8, 1990; effective
August 1, 1990.