Lawyer mobility and imputation

Question 1

Analysis for former clients is more ___ than for current clients.

Answer 1

lenient

Question 2

Look to substantial relationship test:

Answer 2

1. Did he get confidential information
2. Or was he in the position to get confidential information
   a. Turns on confidential information.

Question 3

If conflict under 1.7 or 1.9 other lawyer are..

Answer 3

imputed (Gen rule)

Question 4

Unless prohibition is based on personal interest of the prohibited laywer and doesnt present a sig risk of materially limitation..

Answer 4

imputation may not be necessary

Question 5

Comment 3

Answer 5

personal interest- pro life

Question 6

non lawyer interest

Answer 6

evaluate circumstances and screen the tainted person

Question 7

non lawyer interest

Answer 7

just screen doesnt require imputation of entire firm.

Question 8

lateral conflicts: Not computed if: 1.10

Answer 8

timely screen, not apportioned part of fee, written notice to former client, cert of comp;iance with rules and screen provided to foremr client

Question 9

gvt lawyers and private practice

Answer 9

requires personal and substantial participation in a matter

Question 10

Specific rules for gvt lawyer

Answer 10

if personal and sub participant may not rep unless agency gives informed conset, in writing

Question 11

if govt lawyer cant rep must:

Answer 11

screen, no apportionment of the fee, written notice promtpy;

Question 12

1.10 General rule

Answer 12

when lawyer is associates in a firm none shall knowingly rep a client when anyone of them practicing alone would be prohibited unless : personal interest, non lawyer interst.

Question 13

personal interest exception:

Answer 13

personal interest doesnt present a significant risk of materially limit the rep of the client by the remaining lawyers in the firm