Weird question: so, I come from defense side, but am currently working as a plaintiffs litigator. I have applied to a defense firm and I’m currently in the mix of finalists. Coincidentally, I happen to be opposing counsel in a case staffed by one of the firm’s partners. He and I have a good professional rapport and mutual respect. I don’t think he’s on the hiring committee, so I doubt that he’s aware of my candidacy at his firm. But I think he would be an excellent reference. Can I say anything?

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If you're currently opposing counsel, I think that raises ethics/conflicts issues. If the case was over I'd say go for it. Maybe call your bar's ethics hotline to check?

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Thanks! That was my hunch, also. I think I will play it safe and not mention it.

I recall an ethics rule or commentary specifically prohibiting this until the case is over.

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