Thursday, April 26, 2018

As Maine Goes

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.

Subsection (e)

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.

(Mike Frisch)

Bar Discipline & Process | Permalink


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