Posted: February 5th, 2015

Legal Studies

Legal Studies

Order Description

lease respond to questions #1 and #14. Provide a minimum of a 2 paragraph analysis for each question and refer to Model rules and cases to support our answer.

Question 14 is UNDER WHAT CONDITION CAN A LAWYER ACCEPT A GIFT FROM A CLIENT?

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CONFLICTS oF INIERESI 237
W’hcn certain kinds ofconflicu ofimcrcst prevent :1 lawyer from representing
a client. then. as a general rulc. every Other lawyer in the firm is .alsn prevented from
rcprcascnl‘ing thc client. Such :1 policy. known as imputed disqualificatiun. is predi-
cated on the assumption that all members ni. the: firm have attest» to. and share in.
the confidential information ol’all the clients in the firm. lmputed disqualification
can also occur when lawyers move From government service to private employment
and when lawyers move between law firms. Following such job switches, imputed
disqualification is required ifthe lawyer’s new firm represents a client in a matter that
is adverse and substantially related to the former client. Imputed disqualification can
be avoided if the former client consent’ by waiving the imputed disqualification.
The ABA revised its imputed disqualification rule in 2009 to allow lawyer
screening when lawyers switch law firms. The rule requires a timely screen and writ-
ten notification to the screened lawyer’s former client. Former government lawyers
are also expressly allowed to be screened and thereby avoid the harshness of im-
puted disqualification. Although the ethics rules do not provide for screening for
lawyers moving between firms. some jurisdictions allow for it in their case law. To
be eiTeCtiVe, a screen must be put in place at the time the firm becomes aware of
the imputed disqualification conflict. The mechanisms oi’an efiective screen include
separating the aliL-cted lawyer from the case and its files. informing the other lawyers
and support staff to refrain from discussing the case with the ailected lawyer. and
preventing the afTeCted lawyer from sharing in the fees From the case.
X’Iten paralegals move to another firm. they are faced with same realities of
imputed disqualification. The American Bar Assmiation expressly approved of pa-
ralegal screening before it approved of private praCtice lawyer screening. and many
jurisdictions allow paralegals and legal assistants to be screened. Some jurisdictions
even allow paralegals to be screened in situations where lawyers cannm. f‘lowever.
some jurisdictions believe that the interests oficlient confidentiality outweigh the
employability options of. paralegals. and hold paralegals to the same imputed dis-
qualification standards as lawyers. which can include a prohibition on paralegal
screening. All the maior ethics codes drafted by or for paralegals and legal assistants
have rules or ethical considerations that advise nonlawyer employees to avoid con-
flicts ofinterest. including confliCts of‘a personal nature.
Conflicts checking sysrems can be used with new or prospective clients as a
means to detect possible conflicrs with the firm’s present or former clients. Such
systems can be computerized. or they can be maintained by file cards. W’hen parale-
gals take positions with other firms. tf’. 2y need to be careful to disclose any possible
former client conflicts without violating any confidences of the fonner clients.
ETHICS lN ACTION
1. Bill and Laura have been married for twenty years. but won’t be much longer. They have
decided to divorce, after realizing that for the past three or four years they have led two
singularly distinct lives.

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