13.8.1 Former Client Problems.
| Jurisdiction | Arizona |
Even if a lawyer is not representing both the lender and the borrower in a single proceeding, if the lawyer has previously represented one of them and now represents the other in a foreclosure action, there can be a conflict of interest. Lawyers are generally free to take on representation adverse to former clients.[2] However, ER 1.9 provides that a lawyer “who has formerly represented a client in a matter shall not thereafter represent another person in the same or a substantially related matter in which that person’s interests are materially adverse to the interests of the former client unless the former client gives informed consent, confirmed in writing.” ER 1.9(a). Neither may a lawyer “use information relating to the [prior] representation to the disadvantage of the former client,”...
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