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sunEthics |
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ABA House of Delegates tables action on proposed change to lateral hire screening rule (ABA Model Rule1.10) By a one-vote margin (192 to 191) on August 12, 2008, the ABA House of Delegates approved a motion to postpone action on a proposed change to ABA Model Rule of Professional Conduct 1.10. The proposed change would permit "screening" of newly-hired lawyers who had a conflict of interest with a client of the hiring firm. Under the current rule, if a private law firm ("Firm A") hires a lawyer from another private law firm ("Firm B") that is on the other side of a disputed matter, and that lawyer has worked on the case and acquired confidential information about Firm B's client, then Firm A will be disqualified from the case unless it obtains the informed consent of the firms' clients. The proposed amendment to Model Rule 1.10 would permit Firm A to avoid disqualification by screening the newly hired lawyer from the case and from any participation in the fee. Click here to view the full text of the proposal (ABA Resolution 14). Click here to view a story from the ABA Journal. A similar proposal was presented a few years ago by the ABA's Ethics 2000 Commission but was rejected by the House of Delegates. The ABA House of Delegates is expected to take up the matter again at its February 2009 meeting in Boston. Watch sunEthics.com for updates. |
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