Former Client COI Flashcards
(6 cards)
When are conflicts imputed to an entire firm?
If one lawyer is disqualified under Rule 1.7 or 1.9, the whole firm is unless the conflict is personal or a proper screen is in place.
What are the requirements of an effective ethical screen?
Timely setup, no fee sharing, notice to affected clients, no communication about the matter, secured files, training, and monitoring.
Can conflicts be screened in California if the lawyer participated in the matter at a former firm?
No, California does not allow screening if the conflicted lawyer substantially participated in the same or related matter.
What restrictions apply to lawyers moving from public to private practice?
Cannot work on a matter they participated in personally and substantially unless the agency consents in writing. Screening is permitted.
What must lawyers who served as neutrals do before representing parties from that matter?
Obtain informed written consent from all parties. Must clarify non-representational role to unrepresented parties.
What triggers conflict rules for prospective clients?
If the lawyer received information significantly harmful to the prospective client and the matter is the same or substantially related.
