Restatement of the Law Governing Lawyers (ALI, 2000)
§ 123. Imputation of a Conflict of Interest to an Affiliated Lawyer
Unless all affected clients consent to the representation under the limitations and conditions provided in § 122 or unless imputation hereunder is removed as provided in § 124, the restrictions upon a lawyer imposed by §§ 125-135 also restrict other affiliated lawyers who:
(1) are associated with that lawyer in rendering legal services to others through a law partnership, professional corporation, sole proprietorship, or similar association;
(2) are employed with that lawyer by an organization to render legal services either to that organization or to others to advance the interests or objectives of the organization; or
(3) share office facilities without reasonably adequate measures to protect confidential client information so that it will not be available to other lawyers in the shard office.
§ 124. Removing Imputation
(1) Imputation specified in § 123 does not restrict an affiliated lawyer when the affiliation between the affiliated lawyer and the personally prohibited lawyer that required the information has been terminated, and no material confidential information of the client, relevant to the matter, has been communicated by the personally prohibited lawyer to the affiliated lawyer or that lawyer’s firm.
(2) Imputation specified in § 123 does not restrict an affiliated lawyer with respect to a former-client confidential information of the former client will be used with material adverse effect on the former client because:
(a) any confidential client information communicated to the personally prohibited lawyer is unlikely to be significant in the subsequent matter;
(b) the personally prohibited lawyer is subject to screening measures adequate to eliminate participation by that lawyer in the representation; and
(c) timely and adequate notice of the screening has been provided to all affected clients.
(3) Imputation specified in § 123 does not restrict a lawyer affiliated with a former government lawyer with respect to a conflict under § 133 if:
(a) the personally prohibited lawyer is subject to screening measures adequate to eliminate involvement by that lawyer in the representation; and
(b) timely and adequate notice of the screening has been provided to the appropriate government agency to affected clients.
Tagged with: Conflicts of Interest, Restatement of the Law Governing Lawyers
Posted in: Conflicts of Interest, Restatement of the Law Governing Lawyers