When Is An Attorney’s Interests ‘Materially Adverse” to the Interests of a Former or Prospective Client? – New ABA Formal Opinion 497 Offers Welcome Guidance

ABA Model Rule of Professional Conduct 1.9(a) addresses conflicts between current clients and former clients of a lawyer. It reads: (a) A lawyer who has formerly represented a client in a matter shall not thereafter represent another person in the same or a substantially related matter in which that person’s interests are materially adverse to the interests [...]