Can a lawyer in Albania represent a client in a dispute if they previously worked for the opposing party on the same confidential issue?

In Albania, as in most jurisdictions, attorneys are bound by strict ethical rules regarding conflicts of interest and confidentiality. If your attorney previously represented or worked for the opposing party in a related or similar matter, this generally creates a conflict of interest. Under the Code of Ethics for Lawyers and the Law on the Profession of Advocate, an attorney must not take on a case if: There is a risk that confidential information obtained from a former client could be used to the disadvantage of that client or to benefit another; or The interests of the current client are directly adverse to the interests of a former client in a matter that is the same or substantially related. In such cases, the lawyer is generally required to decline or withdraw from representation unless: The former client gives informed, written consent (a waiver), and The lawyer reasonably believes that the new representation will not compromise confidentiality or loyalty obligations. If these conditions are not met, the attorney must be disqualified from taking your case. In summary, your concern is valid: if your attorney had access to confidential information from the other side in a similar matter, Albanian ethical rules would normally prohibit them from representing you unless a clear and informed waiver has been obtained.

In response to your question: Can a lawyer in Albania represent a client in a dispute if he has previously worked for the opposing party on the same confidential matter?

From the beginning of your concern, I would say that this lawyer cannot represent your opposing party since he has previously been your lawyer. This constitutes a conflict of interest! Article 9 of Law 55/2018 On the Profession of Lawyer in the Republic of Albania provides for
Conflict of interest
1. The lawyer is obliged to refuse to accept the representation or defense of the client or to withdraw from it, if he has become aware or should have become aware of the existence of a cause indicating a conflict of interest.
While point 2. of this article provides for who is considered to have a conflict of interest:
b) when the lawyer has previously defended or represented the opposing party on the same matter;
Also, in this article, point 3, the lawyer's action in the face of such a situation is provided for: 3. The lawyer resigns from representation if one of the conditions provided for in point 2 of this article is confirmed. The lawyer who resigns cannot be replaced in any case by a lawyer from the same law firm.

Also, in article 10 of this law, it is also provided for
The confidentiality that the lawyer must show in the exercise of his profession towards the clients he represents:

1. The lawyer maintains the professional secret and confidentiality of the data, of which he has been made aware by the client or from the documents, that the latter has made available, in function of the requested protection, except in the case when the client has given written approval.

Also, the lawyer cannot represent your opposing party since he was previously your lawyer. This obligation also derives from the criteria established in Article 63 of the Statute of the Albanian Bar Association, which has determined that: Conflict of Interest:
-The lawyer, during the exercise of the legal service, must ensure that no conflict of interest exists between him and the client he represents.
-The conflict of interest in the case of the provision of legal services by the lawyer, except for the cases provided for in Article 9 of the law, is also established in the following cases:
-When the lawyer has been a mediator between the parties in a civil conflict to resolve a dispute of their free will through the legal process of mediation, the case has been transferred to a judicial process to resolve the dispute and the lawyer is a representative of one of the parties in this process;
-When it is proven that the lawyer has provided legal advice to the opposing party in relation to that judicial process;
-When the lawyer has collaborated with the lawyer of the opposing party in any form related to the case under trial.

Also in Article 20 of the Code of Ethics of the Albanian Bar Association, the lawyer is defined exhaustively as CONFLICT OF INTEREST: The lawyer cannot provide legal assistance, advise, represent or defend on behalf of two or more clients in the same case, in case there is a conflict of interest of those clients among them.

Also in Article 21 of this Code, the lawyer's obligation to respect the prohibitions that are foreseen as a conflict of interest is defined:
The lawyer does not represent and renounces the representation or defense of two or more persons, when a conflict of interest arises between the clients, when the lawyer is convinced that the representation will harm the relationship with the other client.

Even Article 22 of this Code does not define obligations for the lawyer such as:
A lawyer who has previously represented a client in a matter shall not represent another client in the same matter, when the interests of this person harm the interests of the previous client.
Representation is permitted exceptionally, only if the previous client gives his consent.

While Article 23 of this Code requires the lawyer to withdraw from further representation, stipulating that:
The lawyer must also withdraw from representation or defense if there is a risk of violating the trust of the previous client, or if the knowledge that the lawyer possesses about the previous client's matter would constitute an unfair advantage for the new client. The above rule is equivalent to the case when the profession of lawyer is practiced in partnership, or from the same office.

In analyzing the provisions of the substantive and procedural law, the by-laws in their implementation regarding the practice of the profession of lawyer in Albania, we conclude that this lawyer cannot represent your opposing party since he was previously your lawyer because he is in conditions of conflict of interest!