Ethics Question of the Week: Does client confidentiality continue after I leave firm?

Q. Do my duties of confidentiality to former clients continue even after I leave my firm?

A. Comment 7 to IRPC 1.9 states that a lawyer changing professional association has a continuing duty to preserve confidentiality of information about a client formerly represented. However, this duty may not preclude a lawyer from using generally known information about that client. (IRPC 1.9, comment [8]). Comment [9] to the rule also allows for the provisions of 1.9 to be waived if the client gives informed consent. For a full understanding, please see IRPC 1.9.

ISBA members can browse past ISBA Ethics Opinions, access our Ethics Hotline, and other resources on the ISBA Ethics Page.

Disclaimer.  These questions are representative of calls received on the ISBA’s ethics hotline.  The information provided below is meant as an educational tool to highlight potentially applicable Illinois RPC or other ethics resources that might help the lawyer answer the question posed.  The information provided isn’t legal advice.  Because every situation is different, often complex, and the law is constantly evolving, you shouldn’t rely upon this general information without conducting your own research.