Thursday, April 26, 2018
The Maine Supreme Judicial Court is seeking comments on a proposal to revise Rule 1.10 to allow for screening as a solution to imputed conflicts of interest
The Advisory Committee recommends amending Rule 1.10(a) to conform to subsection (a) as currently written in the ABA Model Rules. The purpose of the change is to adopt the screening protocols that apply to potential conflicts within a firm due to a lawyer’s former association with another firm. No other changes are recommended, and the Committee specifically recommends retaining for clarity the sentence currently found in Maine Rule of Professional Conduct 1.10(d) but not found in subsection (d) of the Model Rules—"For
purposes of Rule 1.10 only, ‘firm’ does not include government agencies”—and retaining subsection(e), not currently found in the ABA Model Rules.
If a lawyer or law student affiliated both with a law school legal clinic and with one or more lawyers outside the clinic is required to decline representation of any client solely by virtue of this Rule 1.10, this rule imposes no disqualification on any other lawyer or law student who would otherwise be disqualified solely by reason of an affiliation with that individual, provided that the originally disqualified individual is screened from all participation in the matter at and outside the clinic.