What determines if matters are considered the same or substantially related?

The determination of whether matters are considered the same or substantially related is fundamentally based on whether they arise from the same transaction or legal dispute. This principle is rooted in the concept of conflict of interest in the legal profession. If two matters stem from the same transaction or legal context, there is a significant likelihood that information obtained in one matter could be relevant or affect the other.

This relationship ensures that the lawyer's representation in one matter does not create a conflict of interest if the two matters are closely intertwined. For example, if a lawyer is representing a client in a breach of contract case, and a related tort claim arises from the same facts, those two matters would be considered substantially related.

Understanding this principle is crucial for practitioners to maintain ethical standards and to avoid any potential impropriety that might compromise their ability to serve their clients effectively. Recognizing situations where representation could lead to a conflict protects both the attorney and the client, maintaining the integrity of the attorney-client relationship.