Opinion 1287 (10/21/2025)
Topic: Whistleblower using confidential information of former client
Digest: A New York lawyer may not ethically act as a relator in a qui tam action under the False Claims Act (31 U.S.C. §§ 3729–3733) against a former client, where the information used to support the claim was obtained during the course of the prior representation, unless disclosure is necessary to prevent the commission of a crime.
Rules: 1.9(c), 1.6(b), 1.13
FACTS:
- The inquirer is a New York attorney who was formerly employed as general counsel at Corporation X, a federal contractor subject to the requirements of Federal Acquisition Regulation (FAR) 52.203-13, which mandates that contractors establish a written Code of Business Ethics and Conductand an internal control system to detect and prevent improper conduct in connection with government contracts.
- During his employment as in-house counsel at Corporation X, the inquirer was responsible for drafting a Code of Business Ethics and Conduct to fulfill the corporation’s obligations under FAR 52.203-13. However, despite his remonstrance with corporate leadership, Corporation X did not adopt the attorney’s draft, nor did it implement an alternative code or internal compliance system as required by the regulation.
- Corporation X has continued to bill the federal governmentunder its contracts without having adopted or implemented a compliant ethics code or related internal controls. The inquirer’s employment was recently...
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