Thursday, October 15, 2015

D.C. Adopts Screening To Avoid Imputed Disqualification

Major news from the Nation's Capital.

The District of Columbia Court of Appeals has amended its Rules of Professional Conduct to permit screening to avoid imputed disqualification under Rule 1.10.

The new language

(b) (1) Except as provided in subparagraphs (2) and (3), when a lawyer becomes associated with a firm, the firm may not knowingly represent a person in a matter which is the same as, or substantially related to, a matter with respect to which the lawyer had previously represented a client whose interests are materially adverse to that person and about whom the lawyer has in fact acquired information protected by Rule 1.6 that is material to the matter.

(2) The firm is not disqualified by this paragraph if the lawyer participated in a previous representation or acquired information under the circumstances covered by Rule 1.6(h) or Rule 1.18.

(3) The firm is not disqualified by this paragraph if the prohibition is based upon Rule 1.9 and

(A) the disqualified lawyer is screened from the matter and is apportioned no part of the fee therefrom; and

(B) written notice is promptly given by the firm and the lawyer to any affected former client of the screened lawyer, such notice to include a description of the screening procedures employed and a statement of compliance with these Rules.

(Mike Frisch)

Bar Discipline & Process | Permalink


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