when the two cases are substantially related, and when the former client and the present client have materially adverse interests in the same case. 4.69. If one attorney in a law firm is tainted or contaminated because he or she has a conflict of interest, there can be an imputed ( vicarious ) disqualification of the entire firm because of the tainted or contaminated attorney. 4.70. The purpose of a Chinese Wall is to try to prevent the imputed (or vicarious ) disqualification of a law firm because of a contaminated or tainted employee who switched jobs. This employee brought a conflict of interest to the firm. 4.71. Screening techniques: (a) The tainted employee signs a statement promising not to discuss what he or she knows about the case with anyone in the office. (b) Those working on the case promise not to discuss it with or in the presence of the tainted employee. (c) The tainted employee works in a physically segregated area. (d) The files are locked from the tainted employee. (e) The files are labeled “access restricted.” (f) The tainted employee will not receive any financial gain from the case. 4.72. When a Chinese Wall is built around a tainted employee, the latter is called a quarantined employee. 4.73. When a law office is considering a lateral hire, it should do a conflicts check on the prospective employee to avoid imputed disqualification. 4.74. A paralegal can cause the imputed disqualification of a law firm by having a conflict of interest with a current client due to prior paid or volunteer work against that client at another law office. 4.75. Freelance paralegals are more likely to cause the imputed disqualification of a law firm than other paralegals because a freelance paralegal works for different attorneys who are not aware of the cases the paralegal has worked on for other attorneys. It is possible that the freelance paralegal worked for and against a client on the same or related cases for different attorneys. 4.76. A confidential list of every client and matter you worked on in any law office from the beginning of your legal career to the present time that can be used to help determine whether any of your future work might create a conflict of interest is called a career client list.
4.77. Under the anticontact rule, an advocate should not contact an opposing party without permission of the latter’s attorney; if the party is unrepresented, the advocate must not convey the impression that the advocate is disinterested. 4.78. True and False. In-person solicitation is unethical if the attorney has no prior family or business relationship with the prospective client and the attorney is trying to make money. Truthful solicitation by mail, however, can be proper. 4.79. A runner is someone who solicits business, especially accident cases, for attorneys. (Another meaning is someone who delivers and files papers.) 4.80. Advertising can be ethical if the ad: (a) is truthful.
- Spring '14
- Law, Lawyer, supervising attorney, paralegal associations, paralegal association