Also known as: substantially related matter · substantially related
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A matter that shares the same or overlapping facts, legal issues, or client confidences with a prior representation. The connection triggers disqualification or consent requirements when a lawyer or firm later represents a person with materially adverse interests.
A classification that bears a close, non-tenuous connection to an important governmental objective. Under intermediate scrutiny, the government must show that a gender-based rule advances the objective through means that are substantially related rather than through overbroad stereotypes.
Each sense below has its own examples, sources, and questions.
A matter that shares the same or overlapping facts, legal issues, or client confidences with a prior representation. The connection triggers disqualification or consent requirements when a lawyer or firm later represents a person with materially adverse interests.
Select any source to read its text and confirm it supports the definition.
Sebastian Santos left Sterling Dynamics after handling a contract dispute for the company. His new firm now represents Skyline Construction in a nearly identical breach-of-contract claim against Sterling. Because the matters share the same operative facts and legal issues, the firm must demonstrate timely screening of Santos or face disqualification.
Seth Shapiro consults Sierra Solutions about a potential patent infringement claim and discloses confidential technical details. Sierra later seeks to represent an opposing party in the same patent dispute. Because the matters are substantially related and the information could harm Shapiro, the firm is disqualified unless the prospective-client exception applies.
Simon Stern served as in-house counsel at Sterling Manufacturing and personally negotiated a key supply agreement. After joining a new firm, he assists a competitor suing Sterling over that same agreement. Because the litigation is substantially related to his prior work and screening was not promptly implemented, the entire firm faces disqualification.
Matters are substantially related when they involve the same transaction, legal dispute, or overlapping facts and issues such that a reasonable lawyer would consider the prior representation material to the new one. Overlap in client confidences or legal theories triggers the prohibition even without identical claims.
Supporting sources
The new firm must implement timely barriers that prevent the migrating lawyer from any involvement in the matter and from sharing in related fees. Written certifications of compliance provided to the former client at reasonable intervals strengthen the screen's effectiveness.
A classification that bears a close, non-tenuous connection to an important governmental objective. Under intermediate scrutiny, the government must show that a gender-based rule advances the objective through means that are substantially related rather than through overbroad stereotypes.
Select any source to read its text and confirm it supports the definition.
The Federal Tactical Training Academy bars all women from an intensive course on the ground that extreme physical aggression aligns better with male physiology. Dana, a qualified female recruit, sues. The academy must prove an exceedingly persuasive justification showing the male-only rule is substantially related to a genuine governmental objective rather than resting on stereotypes.
Yes. The government bears the burden of showing an exceedingly persuasive justification and a substantial relationship between the gender classification and an important objective. Overbroad generalizations or hypothesized interests fail the test.
Supporting sources
Sarah Sullivan represented Sterling Dynamics in a regulatory compliance matter. Her new firm now represents Skyline Construction in a substantially related enforcement action against Sterling. Without informed consent confirmed in writing from the former client, the representation violates the continuing duty of loyalty.
Sean Steele moves from one firm to another after handling a trade-secret dispute for Sierra Solutions. The new firm represents an adverse party in a substantially related matter. The court presumes Steele received confidential information. The firm avoids disqualification only by proving effective, timely screening that bars his involvement and fee participation.
Supporting sources
Only if the information is not significantly harmful or if the firm satisfies the exception in Rule 1.18(d) by screening the lawyer and obtaining informed consent. Absent those steps, the entire firm is disqualified when the new client has materially adverse interests.
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In ethics, the test focuses on factual and legal overlap between representations that risks misuse of confidences. In equal protection, the test examines whether a gender classification advances an important governmental objective without relying on stereotypes. The two inquiries serve distinct purposes and apply different standards.
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