What is the rule regarding former client conflicts?

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Prepare for the Multistate Professional Responsibility Examination. Enhance your study with flashcards and detailed, multiple-choice questions, each designed with explanations to boost understanding. Ace your MPRE with confidence!

A lawyer can sue a former client but cannot use confidential information gained during the representation of that client. This principle is grounded in the duty of confidentiality, which is central to the attorney-client relationship. When a lawyer represents a client, they acquire confidential information that is protected even after the representation ends.

The rules governing professional conduct emphasize that a lawyer must maintain the confidentiality of information obtained from the former client, regardless of the nature of the subsequent case or representation. This reflects the importance of trust in the attorney-client relationship, which must be upheld even after that relationship has concluded.

By allowing a lawyer to sue a former client, the rules acknowledge that conflicts can arise from differing interests and that a lawyer can take on cases against former clients under certain conditions. However, the prohibition against using any confidential information ensures that the integrity and trust at the core of the legal profession are preserved.

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