When can a former government employee NOT litigate a case after converting to private attorney?

A former government employee cannot litigate a case when the matter involves their previous work as a judge or government employee due to the ethical obligations associated with confidentiality and conflicts of interest. This prohibition is based on rules that prevent individuals from taking advantage of privileged information gained through their former government roles.

The rationale behind this regulation is to maintain public trust in the legal system and to ensure that government employees do not use insider knowledge for private gain, which could undermine the integrity of governmental processes. Therefore, if the matter directly relates to their prior duties or decisions made while they were in government service, they must refrain from representing clients in such cases to prevent conflicts of interest and maintain ethical standards.

In contrast, the other scenarios presented do not carry the same restrictions. Drafting legislation, for example, does not inherently involve the same conflicts as litigation relating directly to past government work. Similarly, client preferences or confidentiality does not override the fundamental ethical concerns regarding prior governmental engagements.