In an unpublished opinion, the Minnesota Court of Appeals upheld a trial judge’s ruling that an outside law firm hired by Attorney General Lori Swanson in a lawsuit against 3M should be disqualified because of a conflict of interest.
In 2010 Covington & Burling was hired to help the A.G.’s office in a suit claiming 3M illegally dumped chemicals called PFCs. But 3M sued claiming a conflict of interest. 3M was a longtime client of Covington & Burling using the firm for a variety of regulatory issues.
3M claimed Covington could use confidential information it learned while serving as 3M’s lawyer against the company on behalf of the state of Minnesota. 3M moved for dismissal of the firm in 2012.
“Covington had the duty to avoid conflicts and to obtain the informed consent of its former client, and it failed to obtain this consent,” the appeals court concluded.
The way Covington ended its relationship with 3M and then quickly went to go work for the state of Minnesota violated the rules, the court said. The firm failed to obtain 3M’s consent.
“The integrity of the legal system demands that scrupulous care be taken so that client confidences are protected and legal counsel acts a vigorous advocate without a conflict of interest,” the ruling says.
3M’s new law firm, Bickel & Brewer, of Texas released a statement following the ruling.
“Clearly, this outcome is important to 3M, but it is also important to the legal profession because it underscores the importance of the confidentiality surrounding attorney and client communications as fundamental to the integrity of our legal system,” said William A. Brewer III, partner at Bickel & Brewer and lead counsel for 3M.
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