Legal Ethics

The rationale for the congruent-interest representation conflict

The rationale for the congruent-interest representation conflict

The rationale for the “congruent-interest representation conflict” doctrine has been explained, thus:

 

The rationale for disqualification is rooted in a concern with the impact that any other rule would have upon the decisions and actions taken by the government lawyer during the course of the earlier representation of the government. Both courts and commentators have expressed the fear that permitting a lawyer to take action in behalf of a government client that later could be to the advantage of private practice client would present grave dangers that a government lawyer’s largely discretionary actions would be wrongly influenced by the temptation to secure private practice employment or to favor parties who might later become private practice clients…

 

 


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