1.10 imputation Flashcards
steps to analyzing a 1.10 imputation problem
- Is there a conflict under 1.7 current client, 1.8 current client specialized, or 1.9 former client
If no, stop here - If yes, apply relevant imputation rule (ie old firm or new firm prob)
- If imputed to the firm, can the conflict be resolved via screening or informed consent
1.10(a) imputation in general
The default rule is that if one lawyer in a firm has a conflict, they all do
how do we deal with imputation
screening or informed consent
what does screening never apply to
Screening does not apply to 1.10(a)(1) personal interest
Almost all disqualifications can be waived by
the affected clients
via informed consent
Old firm problems
the firm the migratory attorney left. Does that old firm have a conflict based on the attorney’s past reps after the attorney leaves
New firm problems
the firm the migratory attorney joined. Does the new firm have a conflict based on the attorney’s past reps at the old firm?
what rule applies when we have an old firm problem ? how do we know there is a confilct?
1.10(b) Conflicts: old firm probs
If 1.10(b)(1) and (2) are met, then there is a conflict
(b)(1) the matter is the same or substantially related to that in which the formerly associated lawyer represented the client
(b)(2) (2) any lawyer remaining in the firm has information protected by Rules 1.6 and 1.9(c) that is material to the matter.
1.10(b) old firm conflict flow
flow for overall 1.10 conflict checklist
New firm problems 1.10(a)(2) come back to clear up please i got burnt out
If the conflict “is based upon Rule 1.9(a) or (b) and arises out of the disqualified lawyer’s association with a prior firm” the new firm can rep if the rule’s requirements are met.
A lawyer [firm bc of imputation] shall not knowingly represent a person in the same or a substantially related matter in which a firm with which the lawyer formerly was associated had previously represented a client
* (1) whose interests are materially adverse to that person; and
* (2) about whom the lawyer has acquired confidential info that is material to the matter; unless the former client gives informed consent, confirmed in writing.
gen princple for new firm probs
General principle: an attorney only carries actual knowledge to the new firm; NOT IMPUTED KNOWLEDGE
Resolving a New Firm conflict? → Rule 1.10(a)(2)
Screen Attorney from the matter
* Written notice to former client and related requirements under 1.10(a)(2)(ii).
* Certification of compliance with Rules/screening procedures to former client under 1.10(a)(2)(iii).
* Screening is not an option for Old Firm conflicts
