Rule 1.11.Successive Government and Private 
 Employment 
 (a)Except as law may otherwise expressly permit, 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 
 consultation.  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 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)Except as law may otherwise expressly permit, a lawyer 
 having information that the lawyer knows is confidential government 
 information about a person acquired when the lawyer was a public officer 
 or employee, may not represent a private client whose interests are 
 adverse to that person in a matter in which the information could be 
 used to the material disadvantage of that person.  A firm with which 
 that lawyer is associated may undertake or continue representation in 
 the matter only if the disqualified lawyer is screened from any 
 participation in the matter and is apportioned no part of the fee 
 therefrom. 
  
 (c)Except as law may otherwise expressly permit, a lawyer 
 serving as a public officer or employee shall not: 
  
 (1)participate in a matter in which the lawyer participated 
 personally and substantially while in private practice or 
 nongovernmental employment, unless 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)negotiate for private employment with any person who is 
 involved as party or as attorney for a party in a matter in which the 
 lawyer is participating personally 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)As used in this Rule, the term "matter" includes: 
  
 (1)any judicial or other proceeding, application, request for a 
 ruling or other determination, contract, claim, controversy, 
 investigation, charge, accusation, arrest 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 this Rule, the Term "confidential government 
 information" means information which has been obtained under 
 governmental authority and which, at the time this rule is applied, the 
 government is prohibited by law from disclosing to the public or has a legal 
 privilege not to disclose, and which is not otherwise available to 
 the public. 
  
 

                                                                
ANNOTATIONSCOMMENT 
 This Rule prevents a lawyer from exploiting public office for the 
 advantage of a private client.  It is a counterpart of Rule 1.10(b), 
 which applies to lawyers moving from one firm to another. 
  
 A lawyer representing a government agency, whether employed or 
 specially retained by the government, is subject to the Rules of 
 Professional Conduct, including the prohibition against representing 
 adverse interests stated in Rule 1.7 and the protections afforded former 
 clients in Rule 1.9.  In addition, such a lawyer is subject to Rule 1.11 
 and to statutes and government regulations regarding conflict of 
 interest.  Such statutes and regulations may circumscribe the extent to 
 which the government agency may give consent under this Rule. 
  
 Where the successive clients are a public agency and a private 
 client, the risk exists that power or discretion vested in public 
 authority might be used for the special benefit of a private client.  A 
 lawyer should not be in a position where benefit to a private client 
 might affect performance of the lawyer's professional functions on 
 behalf of public authority.  Also, unfair advantage could accrue to the 
 private client by reason of access to confidential government 
 information about the client's adversary obtainable only through the 
 lawyer's government service.  However, the rules governing lawyers 
 presently or formerly employed by a government agency should not be so 
 restrictive as to inhibit transfer of employment to and  from the 
 government.  The government has a legitimate need to attract qualified 
 lawyers as well as to maintain high ethical  standards.  The provisions 
 for screening and waiver are necessary to prevent the disqualification 
 rule from imposing too severe a deterrent against entering public 
 service. 
  
 When the client is an agency of one government, that agency should 
 be treated as a private client for purposes of this Rule if the lawyer 
 thereafter represents an agency of another government, as when a lawyer 
 represents a city and subsequently is employed by a federal agency. 
  
 Paragraphs (a)(1) and (b) do not prohibit a lawyer from receiving 
 a salary or partnership share established by prior independent 
 agreement.  They prohibit directly relating the attorney's compensation 
 to the fee in the matter in which the lawyer is disqualified. 
  
 Paragraph (a)(2) does not require that a lawyer give notice to the 
 government agency at a time when premature disclosure would injure the 
 client; a requirement for premature disclosure might preclude engagement 
 of the lawyer.  Such notice is, however, required to be given as soon as 
 practicable in order that the government agency will have a reasonable 
 opportunity to ascertain that the lawyer is complying with Rule 1.11 and 
 to take appropriate action if it believes the lawyer is not complying. 
  
 Paragraph (b) operates only when the lawyer in question has 
 knowledge of the information, which means actual knowledge; it does not 
 operate with respect to information that merely could be imputed to the 
 lawyer. 
  
 Paragraphs (a) and (c) do not prohibit a lawyer from jointly 
 representing a private party and a government agency when doing so is 
 permitted by Rule 1.7 and is not otherwise prohibited by law. 
  
 Paragraph (c) does not disqualify other lawyers in the agency with which 
 the lawyer in question has become associated. 
  
 COMMITTEE COMMENT 
 The Committee recommends adoption of this Model Rule.  It is a 
 substantial improvement over the related Rule in the Code because it 
 provides more specific guidance in recurring situations which are not 
 directly addressed in the Code.  Further, this Model Rule actually was 
 developed in response to and codifies suggestions originally made by the 
 Colorado Bar's comments regarding omissions in the preliminary draft of 
 the Model Rules in 1980. 
  
  
  
 ANNOTATION 
  
 Annotator's note. 
 Rule 1.11 is similar to 
 DR 9-101 as it 
 existed prior to the 1992 repeal and reenactment of the Code of 
 Professional Responsibility. 
 Relevant cases construing 
 that provision have been included in the annotations to Rule 1.2.