Rule 1.11 - Special Conflicts of Interest for Former and Current Government Officers and Employees(a) Except as law may otherwise expressly permit, an LLP who has formerly served as a public officer or employee of the government:(1) is subject to Rule 1.9(c); and(2) shall not otherwise represent a client in connection with a matter in which the LLP participated personally and substantially as a public officer or employee, unless the appropriate government agency gives its informed consent, confirmed in writing, to the representation.(b) When an LLP or lawyer is disqualified from representation under paragraph (a) of this rule or Colo. RPC 1.11, no LLP or lawyer in a firm with which that LLP or lawyer is associated may knowingly undertake or continue representation in such a matter unless: (1) the disqualified LLP or lawyer is timely screened from any participation in the matter and is apportioned no part of the fee therefrom;(2) the personally disqualified LLP or lawyer gives prompt written notice (which shall contain a general description of the personally disqualified LLP's prior participation in the matter and the screening procedures to be employed), to the government agency to enable the government agency to ascertain compliance with the provisions of this Rule; and(3) the personally disqualified LLP or lawyer and the partners of the firm with which the personally disqualified LLP is now associated, reasonably believe that the steps taken to accomplish the screening of material information are likely to be effective in preventing material information from being disclosed to the firm and its client.(c) Except as law may otherwise expressly permit, an LLP having information that the LLP knows is confidential government information about a person acquired when the LLP was a public officer or employee, may not represent a private client whose interests are adverse to that person in a matter in which the information could be used to the material disadvantage of that person. As used in this Rule, the term "confidential government information" means information that has been obtained under governmental authority and which, at the time this Rule is applied, the government is prohibited by law from disclosing to the public or has a legal privilege not to disclose and which is not otherwise available to the public. A firm with which that LLP is associated may undertake or continue representation in the matter only if the disqualified LLP is timely screened from any participation in the matter and is apportioned no part of the fee therefrom.(d) Except as law may otherwise expressly permit, an LLP currently serving as a public officer or employee:(1) is subject to Rules 1.7 and 1.9; and(2) shall not: (i) participate in a matter in which the LLP participated personally and substantially while in private practice or nongovernmental employment, unless the appropriate government agency gives its informed consent, confirmed in writing; or(ii) negotiate for private employment with any person who is involved as a party or as counsel for a party in a matter in which the LLP is participating personally and substantially.(e) As used in this Rule, the term "matter" includes:(1) any judicial or other proceeding, application, request for a ruling or other determination, contract, claim, controversy, investigation, charge, accusation, arrest or other particular matter involving a specific party or parties, and(2) any other matter covered by the conflict of interest rules of the appropriate government agency.Colo. Lic. Paraprofe. R. Profe. Cond. 1.11
Amended and Adopted by the Court, En Banc, April 13, 2023, effective 7/1/2023.