Ethical Screens: Building Electronic Barriers

Law360, New York (August 23, 2011, 12:11 PM EDT) -- When a law firm acquires a lateral hire who has been at a firm representing an adversary, the law firm becomes presumptively disqualified from continuing the representation opposing the adversary represented by the lateral hire's old firm. The presumption can be overcome by, among other things, instituting an “ethical screen” designed to insulate the new hire from the conflicting representation.

Screening Concerns

The key part of the ethical screen is keeping the new hire from divulging confidences of the old client to the new firm. However,...
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