post-script: At its August meeting the ABA will consider clarifications of R.1.10 (a) to make clear that the screening rule applies only to "laterals". Here's the post from Legal Ethics Forum.
The change permits pre-hire screening of migrating laterals. The new firm may be adverse to the client of the lateral-hire's former firm.
The key language is this:
Rule 1.10 Imputation of Conflicts of Interest: General Rule
(a) While lawyers are associated in a firm, none of them shall knowingly represent a client when any one of them practicing alone would be prohibited from doing so by Rules 1.7 or 1.9, unless
***
(2) the prohibition is based upon Rule 1.9(a) or (b), and
(i) the disqualified lawyer is timely screened from any participation in the matter and is apportioned no part of the fee therefore;
(ii) written notice is promptly given to any affected former client to enable the former client to ascertain compliance with the provisions of this Rule, which shall include a description of the screening procedures employed; a statement of the firm's and of the screened lawyer's compliance with these Rules; a statement that review may be available before a tribunal; and an agreement by the firm to respond promptly to any written inquiries or objections by the former client about the screening procedures; and
(iii) certifications of compliance with these Rules and with the screening procedures are provided to the former client by the screened lawyer and by a partner of the firm, at reasonable intervals upon the former client's written request and upon termination of the screening procedures.
The full text of the amended rule, resolution, and report (with a minority dissenting) is here
No comments:
Post a Comment