Multistate Professional Responsibility Exam Practice Question
Attorney Quinn recently joined a mid-sized firm. The firm intends to represent a party in litigation that is substantially related to a matter on which Quinn worked for a former client at Quinn's prior firm. Quinn will have no role in the new representation. Under the ABA Model Rules, when may the firm undertake the representation despite Quinn's former-client conflict?
The firm may proceed if Quinn is timely screened from all participation, receives no portion of the fee, and the former client receives prompt written notice describing the screening procedures.
No disqualifying conflict arises unless Quinn actually advises the firm's lawyers about facts relevant to the dispute.
The firm is disqualified because Quinn's conflict extends to the entire firm, and no steps can mitigate it.
The firm can continue if Quinn attests that any information obtained while at the prior firm is now obsolete.
A former-client conflict possessed by one lawyer is normally imputed to every lawyer in the firm. When the conflict stems from work done at a prior firm, however, Model Rule 1.10(a)(2) lifts the imputation if three safeguards are met: (1) the conflicted lawyer is timely and effectively screened from any participation in or discussion of the matter, (2) the lawyer is apportioned no part of any fee arising from the matter, and (3) the former client receives prompt written notice that describes the screening procedures and allows the client to monitor compliance. Personal assurances by the lawyer, claims that the information is outdated, or simply ignoring the information do not satisfy the rule and will not cure the conflict.
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