City of Atlantic City v. Zachirias Trupos (A-23-09) 4-26-10
For purposes of RPC 1.9, matters are “substantially
related” if (1) the lawyer for whom disqualification
is sought received confidential information from the
former client that can be used against that client in
the subsequent representation of parties adverse to
the former client, or (2) facts relevant to the prior
representation are relevant and material to the
subsequent representation. Disqualification is
unwarranted here because, during its representation of
the City in 2006-2007, the law firm did not receive
confidential information from the City which can be
used against it in the prosecution of the 2009 tax
appeals adverse to the City. Also, the facts relevant
to the law firm’s prior representation of the City are
not relevant and material to its representation of the
taxpayers in the 2009 tax appeals.
