Thursday, May 27, 2010

D.C. To Consider Screening Proposals

An announcement from the web page of the District of Columbia Bar:

D.C. Bar Rules of Professional Conduct Review Committee is soliciting public comment on whether Rule 1.10 (imputed disqualification) of the D.C. Rules of Professional Conduct should be revised.

In February 2009, the ABA adopted amendments to Model Rule 1.10 to permit ethical screening with certain notifications and certifications—without client consent—of lateral lawyers who have moved between private organizations.

In light of the ABA’s action, the Rules Review Committee established a subcommittee to consider whether to recommend an expansion of lateral screening for the District of Columbia. The committee has not yet decided whether to make a recommendation on this subject to the Bar’s Board of Governors. To inform its consideration, the committee hereby requests comment from the Bar and public on the following issues:

  • Should the District adopt the amended model rule approach and permit an individual lawyer moving between private sector jobs to be screened from matters in which the lawyer’s new law firm or other organization is adverse to his or her former client?
  • If so, should the governing rule be:
    1. The ABA Model Rule formulation,
    2. The committee’s draft formulation (which contains several possible variants on post hoc reporting), or
    3. Another formulation, perhaps one that attempts to take into account the degree or significance of the individual lawyer’s involvement in the former matter?

This link will take you to the particulars. (Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2010/05/dc-to-consider-screening-proposals.html

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