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Question
A government attorney who previously headed the Environmental Enforcement Unit resigns from the Department of Environment and Natural Resources (DENR) and immediately becomes private counsel for a private developer. The developer is later subjected to a civil action filed by the DENR in the Regional Trial Court for penalties arising from the same environmental project, and in handling the civil action the attorney relies on information learned during his government service to anticipate the DENR’s litigation strategy. (a) Identify the controlling doctrine implicated by Sec. 6 in this scenario. (b) Distinguish the rule for former government lawyers representing private clients in a matter involving a government adversary from general private practice, noting any limitations or conditions that may apply. (c) Apply to the facts: may the attorney continue to represent the private client, or must he withdraw? State the proper remedy and the next steps for the client.