Also known as: participate personally and substantially · personal and substantial participation · personally and substantially participated
Written by attorneys · grounded in primary & secondary sources — see below
A standard of involvement that triggers disqualification from later representation in the same matter. Direct hands-on work on a discrete controversy involving specific parties meets the threshold when the lawyer exercises independent judgment and shapes outcomes.
Phoebe Park served on the National Drug Safety Agency review team for a prescription drug made by Helio Pharmaceuticals. She examined clinical data and helped draft warning letters to the company. After leaving the agency she joined a private firm that asked her to defend Helio in a mass tort suit over injuries from the same drug. The agency gave no written consent.
Pablo Perez represented Prime Logistics in private practice on a contract dispute with a state agency. He later joined the agency and was assigned to the same contract matter. The agency refused to give written consent for his participation.
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Philip Powell served as arbitrator in a commercial dispute between Peak Performance and Premier Manufacturing. After the award he joined a firm that Premier Manufacturing asked to sue Peak Performance over the same contract issues. All parties refused written consent.
Direct work such as examining data, drafting documents, negotiating orders, and appearing at hearings qualifies. Peripheral or purely supervisory contact does not.
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No. Screening protects the firm and other lawyers but leaves the individually disqualified lawyer barred absent written consent from the agency or parties.
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Proceedings involve the same matter when they share the underlying facts, the same parties or controversy, and the same core issues even if the plaintiffs or remedies differ.
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Yes. The rules require informed consent confirmed in writing from the appropriate government agency or all parties before the lawyer may represent anyone in connection with the matter.
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