Imputed Conflicts and Screening

When one lawyer in a firm has a conflict of interest, that conflict generally applies to the entire firm. However, if a lawyer joins the firm and has a conflict from a former client, the firm can avoid disqualification by implementing timely screening measures, ensuring the lawyer does not share in any fees from the matter, and notifying the former client in writing.

Attorney A works at Firm X and has a conflict due to a former client. Attorney B joins Firm X from another firm, bringing a similar conflict. Firm X promptly screens Attorney B, ensures they do not receive any fees from the case, and sends written notice to the former client. As a result, Firm X is not disqualified from representing the new client.

Screening saves the firm from a lateral's past conflicts!

Exams may present scenarios where students overlook the importance of timely screening or fail to recognize that the lateral's conflict can be managed without disqualifying the entire firm.

Questions often involve fact patterns where a new lawyer brings a conflict, testing the candidate's understanding of screening procedures and the requirements for avoiding firm-wide disqualification.