Attorney Chang represents Client P in a lawsuit against Client Q. Attorney Chang's law partner, Attorney Davis, represented Client Q in a completely unrelated matter three years ago. Attorney Davis is now entirely retired from the practice of law and has no current association with Attorney Chang's firm, nor does he retain any files or information about Client Q. Is Attorney Chang permitted to represent Client P?
- ANo, because the conflict of Attorney Davis is imputed to Attorney Chang's firm, even if Attorney Davis is retired.
- BYes, because Attorney Davis is no longer associated with the firm and has no access to confidential information about Client Q.
- CNo, unless Client Q gives informed consent, confirmed in writing.
- DYes, because the matters are completely unrelated, and the prior representation ended three years ago.
Show answer & explanationAnswer & explanation
Correct answer: B. Yes, because Attorney Davis is no longer associated with the firm and has no access to confidential information about Client Q.
Imputation of conflicts typically applies to lawyers 'associated in a firm'. If a lawyer has completely retired from the practice of law and is no longer associated with the firm, and no longer has access to confidential information, their past conflicts are generally not imputed to the current lawyers in the firm for new, unrelated matters.
Why the other options are wrong
- A. Imputation generally requires an ongoing association with the firm.
- C. Consent would not be required if there is no imputed conflict to begin with.
- D. While the matters being unrelated and the time elapsed are factors, the key here is the complete separation of the retired attorney from the firm and client information.
No Imputation (Retired Lawyer)
A conflict of interest of a lawyer who has completely retired from the practice of law and is no longer associated with a firm, and no longer has access to confidential client information, is generally not imputed to the remaining lawyers in the firm.
- Requires complete cessation of association with the firm.
- Retired lawyer must not retain access to confidential information.
- The purpose of imputation is to protect client confidences and loyalty within a firm.
Memory trick: Old lawyers fade away, taking their conflicts with them from the firm.