Practice Book Revisions Rules of Professional Conduct Code ...

1 July 3, 2018 Page 1 PBCONNECTICUT LAW JOURNALP ractice Book RevisionsRules of Professional ConductCode of judicial ConductSuperior Court RulesJuly 3, 2018 July 3, 2018 Page 3 PBCONNECTICUT LAW JOURNALNOTICESUPERIOR COURTOn June 15, 2018, the judges of the Superior Court adopted therevisions to the Practice Book that are contained Revisions become effective on January 1, 2019, except thatthe amendments to Sections 2-8 and 2-13 become effective on July3, :Joseph J. Del CiampoDeputy Director, Legal ServicesINTRODUCTIONC ontained herein are Revisions to the Rules of Professional Conduct ,the code of judicial Conduct , and the Superior Court Rules . Theserevisions are indicated by brackets for deletions and underlines foradded language.

2 The designation ``NEW'' is printed with the title ofeach new rule. This material should be used as a supplement to thePractice Book until the next edition becomes Amendment Notes to the Rules of Professional Conduct andthe code of judicial Conduct and the Commentaries to the SuperiorCourt Rules are for informational purposes Committee of theSuperior CourtJuly 3, 2018 Page 5 PBCONNECTICUT LAW JOURNALCHAPTER AND SECTION HEADINGS OF THE RULESRULES OF Professional CONDUCTC lient-Lawyer Conflicts of Interest for Former and Current Govern-ment Officers and EmployeesCODE OF judicial COURT GENERAL PROVISIONSCHAPTER 1 SCOPE OF of judicial AuthorityCHAPTER for of Other Jurisdictions; Qualifications and Require-ments ' Funds.

3 Lawyer Continuing Legal and Waiver of Attorney Facing DisciplinaryInvestigationPage 6 PBJuly 3, 2018 CONNECTICUT LAW JOURNALCHAPTER Activities of Legal Intern3-19. Legal Internship Committee3-21. Out-of-State InternsCHAPTER (NEW) Notice of Complaint or Action Filed Against judicial -AuthoritySUPERIOR COURT PROCEDURE IN CIVIL MATTERSCHAPTER 16 JURY [Deaf or Hearing Impaired] Jurors Who are Deaf or Hard ofHearingCHAPTER 23 MISCELLANEOUS REMEDIES AND Request for Complex Litigation StatusSUPERIOR COURT PROCEDURE IN FAMILY MATTERSCHAPTER 25 GENERAL Disclosure and ProductionJuly 3, 2018 Page 7 PBCONNECTICUT LAW JOURNALSUPERIOR COURT PROCEDURE IN JUVENILE MATTERSCHAPTER 34a-21 PLEADINGS, MOTIONS AND DISCOVERYNEGLECTED, ABUSED AND UNCARED FOR CHILDREN ANDTERMINATION OF PARENTAL EvaluationsCHAPTER 35a-12 HEARINGS CONCERNING NEGLECTED, ABUSED ANDUNCARED FOR CHILDREN ANDTERMINATION OF PARENTAL Supervision Conditions, [and] Modification andTerminationSUPERIOR COURT PROCEDURE IN CRIMINAL MATTERSCHAPTER 38 PRETRIAL from Custody.

4 Superior Court Arrest Warrant whereAppearance before Clerk Following Any Other Arrest; Release by LawEnforcement Officer[s] or Probation Officer Serving War-rant38-3. Release by Bail Commissioner or Intake, Assessment,and Referral Specialist38-4 Release by judicial Authority38-5. Release by Correctional OfficialsJuly 3, 2018 Page 9 PBCONNECTICUT LAW JOURNALAMENDMENTS TO THE Rules OFPROFESSIONAL CONDUCTRule Special Conflicts of Interest for Former and CurrentGovernment Officers and Employees(a) Except as law may otherwise expressly permit, a lawyer whohas formerly served as a public officer or employee of the government:(1) is subject to Rule (c); and (2) shall not otherwise representa client in connection with a matter in which the lawyer participatedpersonally and substantially as a public officer or employee, unlessthe appropriate government agency gives its informed consent, con-firmed in writing, to the representation.

5 (b) When a lawyer is disqualified from representation under subsec-tion (a), no lawyer in a firm with which that lawyer is associated mayknowingly undertake or continue representation in such a matterunless:(1) The disqualified lawyer is timely screened from any participationin the matter and is apportioned no part of the fee therefrom; and(2) Written notice is promptly given to the appropriate governmentagency to enable it to ascertain compliance with the provisions ofthis Rule.(c) Except as law may otherwise expressly permit, a lawyer havinginformation that the lawyer knows is confidential government informa-tion about a person acquired when the lawyer was a public officer oremployee, may not represent a private client whose interests areadverse to that person in a matter in which the information could beused to the material disadvantage of that person.

6 As used in this Rule,Page 10 PBJuly 3, 2018 CONNECTICUT LAW JOURNALthe term ``confidential government information'' means information thathas been obtained under governmental authority and which, at thetime this Rule is applied, the government is prohibited by law fromdisclosing to the public or has a legal privilege not to disclose andwhich is not otherwise available to the public. A firm with which thatlawyer is associated may undertake or continue representation inthe matter only if the disqualified lawyer is timely screened from anyparticipation in the matter and is apportioned no part of the feetherefrom.(d) Except as law may otherwise expressly permit, a lawyer currentlyserving as a public officer or employee:(1) Is subject to Rules and ; and (2) Shall not:(i) Participate in a matter in which the lawyer participated personallyand substantially while in private Practice or nongovernmental employ-ment, unless the appropriate government agency gives its informedconsent, confirmed in writing; or(ii) Negotiate for private employment with any person who is involvedas a party or as lawyer for a party in a matter in which the lawyer isparticipating personally and substantially.

7 Except that a lawyer servingas a law clerk to a judge, other adjudicative officer or arbitrator maynegotiate for private employment as permitted by Rule (b) andsubject to the conditions stated in Rule (b).(e) Grievance counsel, disciplinary counsel and bar counsel as wellas members of the statewide grievance committee and grievancepanels shall not represent any party other than the state with respectto an unauthorized Practice of law complaint or attorney grievanceJuly 3, 2018 Page 11 PBCONNECTICUT LAW JOURNAL matter, while serving as such. In addition, such counsel and membersshall not represent an individual or entity investigated or prosecutedfor the unauthorized Practice of law or an attorney investigated orprosecuted with respect to an attorney grievance matter if that specificunauthorized Practice of law complaint or attorney grievance matterwas pending in their office or with their committee or panel at the timeof such counsel's or member's termination of employment or serviceas such grievance counsel, disciplinary counsel, bar counsel or mem-ber of the statewide grievance committee or a grievance panel.

8 [(e)] (f) As used in this Rule, the term ``matter'' includes:(1) Any judicial or other proceeding, application, request for a rulingor other determination, contract, claim, controversy, investigation,charge, accusation, arrest or other particular matter involving a specificparty or parties, and(2) Any other matter covered by the conflict of interest Rules of theappropriate government : A lawyer who has served or is currently servingas a public officer or employee is personally subject to the Rulesof Professional Conduct , including the prohibition against concurrentconflicts of interest stated in Rule In addition, such a lawyer maybe subject to statutes and government regulations regarding conflictsof interest.

9 Such statutes and regulations may circumscribe the extentto which the government agency may give consent under this Rule (f) for the definition of informed (a) (1), (a) (2) and (d) (1) restate the obligations of anindividual lawyer who has served or is currently serving as an officerPage 12 PBJuly 3, 2018 CONNECTICUT LAW JOURNALor employee of the government toward a former government or privateclient. Rule is not applicable to the conflicts of interest addressedby this Rule. Rather, subsection (b) sets forth a special imputationrule for former government lawyers that provides for screening andnotice. Because of the special problems raised by imputation withina government agency, subsection (d) does not impute the conflicts ofa lawyer currently serving as an officer or employee of the governmentto other associated government officers or employees, although ordi-narily it will be prudent to screen such (a) (2) and (d) (2) apply regardless of whether a lawyeris adverse to a former client and are thus designed not only to protectthe former client, but also to prevent a lawyer from exploiting publicoffice for the advantage of another client.

10 For example, a lawyer whohas pursued a claim on behalf of the government may not pursue thesame claim on behalf of a later private client after the lawyer has leftgovernment service, except when authorized to do so by the govern-ment agency under subsection (a). Similarly, a lawyer who has pursueda claim on behalf of a private client may not pursue the claim on behalfof the government, except when authorized to do so by subsection(d). As with subsections (a) (1) and (d) (1), Rule is not applicableto the conflicts of interest addressed by these Rule represents a balancing of interests. On the one hand,where the successive clients are a government agency and anotherclient, public or private, the risk exists that power or discretion vestedin that agency might be used for the special benefit of the other lawyer should not be in a position where benefit to the other clientJuly 3, 2018 Page 13 PBCONNECTICUT LAW JOURNAL might affect performance of the lawyer's Professional functions onbehalf of the government.