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March 15, 2009

ABA Muffs Attempt to Draft Screening Rule

The ABA thought it was tackling great controversy when it debated a rule which, it thought, permitted 'screening" of lawyers who leave one firm and go to another: the new firm would not be disqualified by imputation if the lawyer was "screened off."

I saw the rule, and when I read it, I wrote (on another blog) about how it applied to lawyers while they are at a firm -- not when they come to a firm. Lo and behold, after they voted on the amendment, they apparently read it, and realized it does far more than what, they say, they were intending to do.

My co-blogger on legalethicsforum.com has written it up here

Luckily, the ABA rule binds no one and so the states can avoid the same problem.

Intent over plain meaning!

March 15, 2009 | Permalink


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