When can a new firm act against a former client of a lawyer who has switched firms?

The correct answer revolves around the important principle of avoiding conflicts of interest and protecting client confidentiality. A new firm can act against a former client of a lawyer who has switched firms if it can ensure that no unauthorized disclosure of confidential information could occur. This is crucial because maintaining the confidentiality of a former client’s information is a fundamental ethical obligation for lawyers.

This means that a new firm must implement safeguards to prevent any potential conflicts or risk of disclosing sensitive information the former client shared with the prior lawyer. As long as the new firm can demonstrate that they are not obtaining or using confidential information from the former representation, they can proceed with their representation.

Other alternatives, like requiring consent from both parties or merely waiting for a time lapse, do not sufficiently address the continuous duty of confidentiality that lawyers owe to former clients, so they are not reliable criteria for permitting the new firm to act against the former client.