What must be considered when taking new clients whose interests are adverse to former clients?

When a lawyer takes on new clients whose interests are adverse to former clients, it is imperative to uphold confidentiality and loyalty responsibilities. The attorney-client relationship establishes a duty of loyalty to the client, which entails not taking on positions that could disadvantage an existing or former client in a related matter. This is rooted in the ethical obligation to maintain the confidentiality of information received from the former client, even after the professional relationship has ended.

Upholding confidentiality means that any sensitive information learned during the representation cannot be disclosed or utilized to benefit the new client, particularly if that information could disadvantage the former client. The loyalty responsibility reinforces the idea that attorneys should not act in a manner that is adversarial to the interests of former clients. This overarching principle protects the integrity of the legal profession and helps maintain public trust.

While obtaining the former client's agreement or waiting a certain period might seem relevant, these do not supersede the fundamental duties of confidentiality and loyalty. Therefore, when assessing new client relationships, a thorough evaluation of these ethical responsibilities is paramount.