Maryland Legal Ethics

1.11 Rule 1.11 Successive Government and Private Employment

1.11:100 Comparative Analysis of Maryland Rule

¥ Primary Maryland References: MD Rule 1.11
¥ Background References: ABA Model Rule 1.11, Other Jurisdictions
¥ Commentary:

1.11:101 Model Rule Comparison

Maryland Rule 1.11 is nearly identical to the MR 1.11, except for paragraph (c)(2). MR 1.11(c)(2) provides an explicit exception not included in Maryland Rule 1.11. MR 1.11(c)(2) prohibits a former public sector lawyer who was substantially involved in a matter from working on the same matter in the private sector "except that a lawyer serving as a law clerk to a judge, other adjudicative officer or arbitrator may negotiate for private employment as permitted by Rule 1.12(b) and subject to the conditions stated in Rule 1.12(b)." The Maryland Rules contain the same substantive exception in Rule 1.12(b), but lack the cross-reference found in MR 1.11(c)(2). The comments to Maryland Rule 1.11 and the MR 1.11 are substantially identical, excluding comment regarding the exception stated above.

1.11:102 Model Code Comparison

Maryland Rule 1.11(a) is similar to DR 9-101(B), except that the latter uses the terms "in which he had substantial responsibility while he was a public employee."

Maryland Rule 1.11(b), (c), (d) and (e) have no counterpart in the Model Code.