88 VTEO, 88-12

CourtVermont
88-12
Advisory Ethics Opinion 88-12
Vermont Advisory Ethics Opinions
1988
         SYNOPSIS:          A firm may represent a client in a dispute against former clients where the dispute is not substantially related to any matters as to which the firm represented the former clients and where the firm learned no secrets or confidences of the former clients that could be used to the disadvantage of the former clients or to the advantage of the current client.          FACTS:          A law firm requests our opinion as to whether it may represent a current client in litigation against several former clients. The firm represented one of the former clients in a real estate transaction seven or eight years ago. From the requesting letter we assume the real estate transaction was wholly unrelated to the current controversy. The firm also incorporated a business for some of the former clients but the incorporation of the business and the business itself are unrelated to the current controversy. The firm discussed the possibility of bankruptcy with another one of the former clients approximately five years prior to the current controversy, but we assume from the requestor's letter that the circumstances surrounding the possible bankruptcy are unrelated to the current controversy. The firm states that it has had no attorney-client relationship with any of the former clients for approximately five years.          ANALYSIS:          On the facts presented, the firm may undertake the representation of its current client against its former clients without violating the Code of Professional Responsibility. The applicable provisions of the Code are DR 4-101(B) and DR 5-105.          DR 4-101(B) requires in pertinent part that a lawyer shall not knowingly reveal a confidence or secret of his client or use a confidence or secret of his client to the disadvantage of the client or to the advantage of a third person unless the client consents after full disclosure. The disciplinary rules define a "confidence" as "information protected by the attorney-client privilege" but the much broader term "secret" is defined as "other information gained in the professional relationship that the client has requested to be held inviolate or the disclosure of which would be embarrassing or would be likely to be detrimental to the client" Opinions interpreting the scope of the protection provided by the prohibition on revealing "secrets" have underscored the broad reach of...

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