Can a firm represent a person with interests materially adverse to a client represented by an attorney who has left the firm?

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The correct answer indicates that a firm can represent a person with interests materially adverse to a client previously represented by an attorney who has left the firm, provided that the matters in question are not substantially the same. The California Rules of Professional Conduct promote the idea that conflicts of interest can be managed appropriately, particularly when there is a separation between the new matter and the former representation.

When an attorney leaves a firm, the firm may take on new clients if the matters are distinct and do not present an ethical conflict. The concept of "substantially the same" is crucial; it means that if the new representation does not engage the same issues or facts as the prior representation, the firm is not automatically barred from taking on the new client. This allows for flexibility and the ability to represent new clients, even when a former attorney associated with the firm had a prior conflicting matter.

In contrast to this, suggesting that conflicts always remain with the firm would imply an overly restrictive interpretation of professional responsibility that could hinder the firm's capacity to operate effectively. The idea that all lawyers must agree or that the firm must cease operations are also misunderstandings of the ethical obligations involved. Hence, the ability to assess whether matters are substantially the same is essential in determining the permissibility of

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