Also known as: substantially-related · substantial relationship
Written by attorneys · grounded in primary & secondary sources — see below
3 senses
A matter shares a substantial relationship with another when the lawyer's prior representation involved the same or overlapping facts, legal issues, or confidential information that could be used adversely in the new representation.
A matter shares a substantial relationship with another when the lawyer's prior representation involved the same or overlapping facts, legal issues, or confidential information that could be used adversely in the new representation.
Solomon Silver left his old firm after handling a contract dispute for Silverline Industries. His new firm now represents a party adverse to Silverline in a nearly identical contract matter. Because the matters share overlapping facts and legal issues, the new firm must screen Silver to avoid disqualification.
The means chosen by the government bear a substantial relationship to an important governmental objective under intermediate scrutiny for gender classifications.
A state law grants female officers longer tenure before mandatory discharge than male officers. The government must show the classification serves an important objective and that the gender line is substantially related to that objective without relying on stereotypes.
A nonparent's relationship with a child is substantial when it meets statutory criteria of consistent caretaking that supports a claim for custody or visitation.
Sylvia Santos cared for her niece daily for three years without compensation. After the parents denied further contact, Santos petitioned for visitation. The court examines whether her consistent caretaking created a substantial relationship that would cause harm if severed.
The means chosen by the government bear a substantial relationship to an important governmental objective under intermediate scrutiny for gender classifications.
A nonparent's relationship with a child is substantial when it meets statutory criteria of consistent caretaking that supports a claim for custody or visitation.
Each sense below has its own examples, sources, and questions.
Sean Steele consulted with a lawyer about a product liability claim but never retained her. The lawyer later joined a firm representing the manufacturer in the same claim. Because the matters are substantially related and the consultation revealed harmful information, the firm is disqualified.
Sophia Singh served as in-house counsel for Synergy Systems and personally handled its regulatory compliance matters. After joining a new firm, Singh assists in litigation against Synergy on the same compliance issues. The substantial overlap in her prior work requires disqualification of both Singh and her new firm.
Sasha Stone represented Southland Foods in a prior antitrust investigation. Her new client now sues Southland Foods in a substantially related antitrust action. Without informed consent from Southland Foods, Stone may not proceed because the matters share the same core facts and legal theories.
Courts examine whether the matters involve the same transaction, overlapping facts, or legal issues such that confidential information from the prior representation could be used adversely. The inquiry focuses on the nature of the lawyer's prior work rather than a mere superficial similarity.
No. The matters must share the same or substantially related facts or legal issues. General knowledge of business practices alone does not trigger disqualification unless it involves confidential information material to the new representation.
The government must provide an exceedingly persuasive justification showing that the classification serves an important governmental objective and that the gender-based means are substantially related to achieving that objective without relying on overbroad stereotypes.
The nonparent must show consistent caretaking without expectation of compensation that meets the statutory criteria in section 4(c), creating a relationship so close that denial of custody or visitation would result in harm to the child.
…the Fifth Amendment as made applicable to the States by the Fourteenth Amendment. Pp. 123-138. (a) The restrictions imposed are substantially related to the promotion of the general welfare and the New York City law is not discriminatory since it applies to all structures that are similarly situated. Pp. 125-129. (b) The law does not…