Attorney Chen is a partner in a large law firm. Another partner, Attorney Davis, previously represented a client, Mr. Evans, in a complex business contract negotiation. Mr. Evans subsequently became a plaintiff in a lawsuit against a new client of the firm, Ms. Foster, in an unrelated personal injury matter. Attorney Chen has been assigned to represent Ms. Foster. Is Attorney Chen permitted to represent Ms. Foster?
- ANo, because the conflict of Attorney Davis is imputed to all other lawyers in the firm, regardless of the unrelatedness of the matters.
- BYes, because the matters are completely unrelated, and Mr. Evans is not a current client of Attorney Davis.
- CNo, if Mr. Evans is still a current client of Attorney Davis for any other matter, then the firm cannot represent Ms. Foster without Mr. Evans's consent.
- DYes, provided Attorney Chen screens Attorney Davis from any involvement in Ms. Foster's case and ensures no confidential information is shared.
Show answer & explanationAnswer & explanation
Correct answer: C. No, if Mr. Evans is still a current client of Attorney Davis for any other matter, then the firm cannot represent Ms. Foster without Mr. Evans's consent.
If Mr. Evans is a current client of Attorney Davis for any other matter, then the conflict of representing Ms. Foster against Mr. Evans would be imputed to the entire firm. A firm generally cannot represent a client whose interests are directly adverse to those of another current client, even if the matters are unrelated, without informed consent.
Why the other options are wrong
- A. Imputation applies to conflicts involving current clients, but the condition is whether Mr. Evans is a current client of the firm.
- B. The unrelatedness of the matters is irrelevant if Mr. Evans is a current client of the firm.
- D. Screening is generally for former government lawyers or former clients in substantially related matters, not current client conflicts.
Imputation of Conflicts (Current Clients)
While lawyers are associated in a firm, none of them shall knowingly represent a client when any one of them practicing alone would be prohibited from doing so by the rules on concurrent conflicts of interest, unless specific exceptions apply.
- Conflicts of one lawyer are generally imputed to all lawyers in the firm.
- Applies to current client conflicts, even if matters are unrelated.
- Informed consent from affected clients can sometimes cure imputed conflicts.
Memory trick: One bad apple spoils the whole legal barrel, unless there's a strong screen.