2012), the court disqualified two law firms representing plaintiffs in a class action, imputing one firm’s conflict of interest to the other firm. Three recent cases illustrate the parameters of disqualification of counsel based not upon the firm’s own conflicts of interest, but rather based upon conflicts of interest imputed from separate and independent co-counsel. 4th 776 (2010) may find courts leaning toward imposing the more meticulous requirements of ABA Model Rule of Professional Conduct 1.10.Įven assuming that a law firm deals with these issues effectively, a firm’s best efforts may not avoid conflicts of interest that are not equally and effectively addressed by the firm’s co-counsel in a given case. Firms following the guidance set forth in Kirk v. Ethical screening remains somewhat uncertain in California: it is not yet recognized by the California Supreme Court in the private firm/non-governmental lawyer context and there is currently no rule on the books. The analysis at the inception of the matter may not jive with the court’s scrutiny of prior billings and emails generated by the lawyer in the prior representation when examined in hindsight by the court on a motion for disqualification.Īssuming accurate disclosure by the attorney, and recognition of the former client conflict, timely screening can follow. The attorney’s prior work for the now adverse party may be limited or extensive. The attorney’s prior involvement on behalf of the now adverse party may or may not be substantially related to the current case. ![]() The firm must rely on representations of the attorney involved in the prior matter as to the scope of the attorney’s involvement in previously representing the now adverse party and the relatedness of the matter to the current representation. A law firm’s implementation of such measures, in turn, depends upon the firm’s knowledge regarding an attorney’s previous representations of an adverse party including the relatedness of those matters to the current case. Such scenarios mandate timely effective implementation of an ethical screen. Situations in which a lawyer associated with a firm previously represented an adverse party while at a prior firm are not unusual. Resolving conflicts of interest is sometimes “like a war,” one partner at a large firm recently told me. Law firms make scrupulous efforts to avoid conflicts of interest when opening new matters or bringing in new clients. Centennial - From Frontierland to TomorrowlandĪpril 2013 - Co-counsel Conflicts of Interest.Centennial - Reaching Toward the New Millennium.Orange County Women Lawyers Association.Orange County Trial Lawyers Association.Orange County Korean American Bar Association.Orange County Criminal Defense Bar Association.Orange County Asian American Bar Association.Italian American Lawyers of Orange County.Community Opportunities - How to Help with COVID-19 Relief Efforts.Expert Witness & Attorney Support Directory. ![]() Young Lawyers Division Education Programs.
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