Supreme Court Expands Attorney Duties To Previously Represented Client.

In an earlier case, Oasis West Realty LLC v. Goldman, the court of appeal held that a lawyer who had previously represented the plaintiff in a real estate permit application was not precluded from later engaging in political activity opposing the permit. The California Supreme Court reversed in Oasis West Realty LLC v. Goldman (Cal.Supr.Ct.; May 16, 2011) 51 Cal.4th 811, [250 P.3d 1115, 124 Cal.Rptr.3d 256, 2011 DJDAR 6980].  An anti-SLAPP motion by the defendant-lawyer should be denied because it may be inferred the lawyer used confidential information gained during his representation in engaging in opposition to the permit. The First Amendment did not entitle him to engage in political action in opposition to the former client.