There is no single path for a lawyer’s career. In fact, there are many different types of entities with whom lawyers can practice law. Lawyers can develop robust practices in law firms, in-house with a corporation or nonprofit, or in academia. Another common career path involves taking a job with the government.

Government work for lawyers exists at every level of government. They can act as counsel to specific agencies, advisers to elected officials or even litigators on behalf of the government.

For some, it may be where the lawyer intends to practice their entire career. Others may work for the government for shorter periods of time before moving on to something else. For example, lawyers who clerk for judges or who are otherwise employed in courts are usually considered employees of the government, even if those positions have a limited term. In other areas of law, such as white-collar defense, taking a job with a relevant government agency or prosecutor’s office can be a common stepping stone before a career in private practice.

Thus, whether because of changes in administrations or other personal goals of the lawyer, it can be common for lawyers to practice for both government and private employers over the course of their careers. For a lawyer who moves between the government and a private employer, unique issues implicating conflicts of interest can arise.

Many practitioners are aware of the Rules of Professional Conduct that govern conflicts of interest generally and prevent lawyers from taking on adverse client representations. When lawyers move between law firms, for example, they are required to abide by the rules on conflicts (and imputation of conflicts to partners in a firm). This often involves running conflicts checks for lawyers newly joining the firm and, where necessary, obtaining client consent to resolve potential conflicts.

But some lawyers may not be aware that there is another rule that specifically addresses the unique conflicts of interest arising from “successive government and private employment”: Rule 1.11 of the ABA Model Rules of Professional Conduct. Here are some tips for navigating conflicts of interest that arise when a lawyer joins or leaves the government.

When A Lawyer Leaves the Government for Private Practice

Rule 1.11(a) provides that “a lawyer who has formerly served as a public officer or employee of the government … shall not otherwise represent a client in connection with a matter in which the lawyer 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.” Comment [4] recognizes that this limitation recognizes the risk that “power or discretion vested in that agency might be used for the special benefit of the other [private] client” when a lawyer leaves the government for another practice.

The rules recognize that on one hand, there can be an “unfair advantage” for a private client hiring a lawyer who recently worked for the government. The rules then try to balance that risk against the public policy interest in ensuring that the government is still able “to attract qualified lawyers as well as to maintain high ethical standards.” In other words, the conflict rules are not meant to be so restrictive as to dissuade talented lawyers from working for the government (in light of a potential risk that they’ll be severely hindered in private employment later)—but the rules are meant to prevent unfair advantages to private clients by virtue of a lawyer’s knowledge of and affiliation with the government.

However, this rule is not without exception. When hired by a firm or other private client with a matter in which the lawyer personally and substantially participated while employed by the government, the former government lawyer can be screened off from that representation at their new firm (and notice provided to the client and government entity). That is because, as the comments say, the rules “should not be so restrictive as to inhibit transfer of employment to and from the government.”

Further, a government lawyer who had access to confidential government information in the course of their employment about another person “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.” In other words, a former government lawyer cannot use the confidential information they learned about a person while working for the government to then be adverse to that person in other matters.

Even before a lawyer has officially left government practice, Rule 1.11 governs. Indeed, there are restrictions on a government lawyer on the hunt for a new job in the private sector. A lawyer working for the government is also not permitted to “negotiate for private employment with any person who is involved as a party or as lawyer for a party in a matter in which the lawyer is participating personally and substantially.” There is, however, an exception to this rule for law clerks, who may ultimately be hired by the same firms that have matters pending before the court.

Notably, this rule also applies when a lawyer leaves a government agency for a different government agency, “as when a lawyer is employed by a city and subsequently is employed by a federal agency.”

When A Lawyer Leaves Private Practice for the Government

Rule 1.11 also governs situations in which a lawyer leaves private practice to work for the government as a lawyer. A lawyer serving as a public employee shall not “participate in a matter in which the lawyer participated personally and substantially while in private practice or nongovernmental employment.” Similar to other traditional conflicts rules, this is meant to prevent a lawyer’s use of confidential information gained in private practice to the disadvantage of those clients, once the lawyer works for the government.

Public service can be a high calling for lawyers. By being aware of the limitations on practice for lawyers who have both public and private careers, lawyers can ensure they comply with the ethical rules.