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CITY OF ATLANTIC CITY v. TRUPOS

No. A-23 September Term 2009

992 A.2d 762 (2010)

201 N.J. 447

CITY OF ATLANTIC CITY, Plaintiff-Respondent, v. Zachirias TRUPOS, et al., Defendants-Appellants, and The Atlantic County Board of Taxation, Nominally and as a Party in Interest. In re Miller Gallagher & Grimley.

Supreme Court of New Jersey.

Decided April 26, 2010.

Attorney(s) appearing for the Case

Stephen F. Funk argued the cause for appellants (Jacobs & Barbone, Atlantic City, attorneys).

George G. Frino, Teaneck, argued the cause for respondent (DeCotiis, Fitz-Patrick, Cole & Wisler, attorneys; Mr. Frino, Steven C. Mannion, and James L. Esposito, on the brief).

John C. Gillespie, Marlton, submitted a brief on behalf of amicus curiae New Jersey Institute of Local Government Attorneys (Parker McCay, attorneys; Mr. Gillespie and Brian M. Guest, of counsel; Mr. Gillespie, Mr. Guest, and Grant G. Berger, on the brief).

Justice RIVERA-SOTO delivered the opinion of the Court.

In the shifting of allegiances that arises when lawyers "change sides" in their representation of new clients, the confidences of prior clients must be preserved. The propriety of a lawyer representing a current client adverse to the interests of a former client generates a tension—between fealty to a former client and zealousness in favor of a current client—that this Court must address.

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