Ethical Thoughts
Under rule 10, a firm must not act against a former client if there is confidential information about the former client material to the new client and detrimental to the former client if disclosed. This includes knowing the character of the former client – are they particularly litigious, do they have a phobia of courts, is the CEO risk-averse? And it is inappropriate to sit on a potential ethical issue and use it as a weapon at a tactically advantageous time. As for threats of sanctions, no allegations about professional conduct can be made without proper basis (rule 32). If possible, it is best to resolve these matters by courteous, collegiate communications eg ringing up the other solicitor.