Formal Ethics Opinion 96-400
American Bar Association - Defending Liberty, Pursuing Justice ABA
View Cart & Check Out
ABA Web Store
...the source you trust for practical legal information.
Sign In

View Cart & Check Out

Track Orders

Shipping Rates


Administrative Law

Admiralty Law

Antitrust Law

Appellate Advocacy

Banking Law

Bankruptcy Law

Bar Admissions

Bar Associations



Business Law

Career Development

Children and the Law

Civil Practice & Procedure

Commercial Law

Communications & Media Law

Constitutional Law

Construction Law

Consumer Law

Corporate Law


Criminal Law

Disability Law

Dispute Resolution

E-Commerce & Cyberspace Law

Education Law

Elder Law

Employee Benefits

Energy & Natural Resources Law

Entertainment & Sports Law

Environmental Law

Estate Planning

Ethics & Professional Responsibility

Ethics Opinions


Family Law

Financial Management

Franchise Law

General Practice

Government Law

Health Law

Human Rights Law

Immigration Law

Insurance Law

Intellectual Property Law

International Law

Labor & Employment Law

Land Use Law

Law Day

Law Practice Management

Law School, Law Students

Lawyer Assistance Programs

Lawyers' Professional Liability

Legal Aid/Public Defender

Legal Education

Legal Research & Writing

Legal Services

Legal Technology


Management / Organizational Skills


Mergers & Acquisitions

National Security Law

Nonprofit Law

Paralegals & Legal Assistants

Partnerships & Unincorporated Entities

Personal Injury Law

Pro Bono

Products Liability

Public Contract Law

Public Education

Racial & Ethnic Diversity

Real Estate Law


Science & Engineering Law

Securities Law

Solos and Small Firms


Technology Law

Tort Law

Transportation Law

Trial Advocacy

Women in Law

Zoning Law

Advanced Search
Site Map

Formal Ethics Opinion 96-400

Formal Ethics Opinion 96-400
Product Code: 5611100400PDF
Publication Date: January 1996
Sponsoring Entities: The Center for Professional Responsibility
Topics: Ethics & Professional Responsibility, Ethics Opinions
Format: PDF - 5611100400PDF
Pricing: $20.00 (Regular)
About the Product

Job Negotiations with Adverse Firm or Party

A lawyer's pursuit of employment with a firm or party that he is opposing in a matter may materially limit his representation of his client, in violation of Model Rule 1.7(b). Therefore, the lawyer must consult with his client and obtain the client's consent before that point in the discussions when such discussions are reasonably likely to materially interfere with the lawyer's professional judgment. Where the lawyer has had a limited role in a matter or has had limited client contact, it will ordinarily be more appropriate for him to consult with his supervisor, rather than directly with the client. Generally, the time for consultation and consent will be the time at which the lawyer agrees to engage in substantive discussions of his experience, clients, or business potential, or the terms of a possible association, with the opposing firm or party. If client consent is not given, the lawyer may not pursue such discussions unless he is permitted to withdraw from the matter. While the negotiating lawyer's conflict of interest is not imputed to other lawyers in his firm, those other lawyers must evaluate whether they may themselves have a conflict by virtue of their own interest in their colleague's negotiations. Lawyers in the law firm negotiating with the lawyer also have a conflict, requiring similar action to resolve, if their becoming associated with the lawyer would cause their firm's disqualification, or if the interest of any of those lawyers in the job-seeking lawyer's becoming associated with the firm may materially limit their representation of a client adverse to the job-seeking lawyer.

Accessing Your Download after Purchase

Immediately after checkout, the download file(s) will be available in Your Downloads (accessible in the left navigation area of the Web Store when logged in).