Bar seeks comment on amendment to conflict of interest rule

The Virginia State Bar is seeking public comment on a proposed amendment to Rule 1.9(c) of the Virginia Rules of Professional Conduct.

The proposed amendment to the rule, which governs conflict of interest, would allow a lawyer to use information gained while representing a former client to that former client’s disadvantage “when the information consists solely of criminal history information that can be obtained from law enforcement databases or court records.”

In a March 27 release from the VSB, the bar states that the proposal would “reduce the number of conflicts faced by criminal defense lawyers,” as under the current rule, an attorney who learned of a former client’s criminal history during representation would have a conflict when representing a new client if that former client were an adverse witness.

The VSB release also states that the information covered by the amendment is “typically provided by the prosecution to any lawyer representing the defendant,” negating any special advantage for the attorney.

Comments on the proposed amendment to Rule 1.9(c) can be submitted via email to VSB Executive Director Cameron M. Rountree at [email protected]. Comments must be submitted by May 7.

The proposed amendment can be viewed on the bar’s website, vsb.org.