Sunday, June 6, 2010

Conflicting Conflicts Concerns?

Hinshaw's recent risk newsletter points out a recent ABA Opinion: "Disclosure of Conflicts Information When Lawyers Move Between Law Firms." It's an interesting question to consider -- how much information about past clients and matters can (or should) a lawyer share with a new firm? On one hand, the lateral must disclose enough information to identify and clear potential conflicts, on the other, the lawyer should be cautious about sharing information or details which may run afoul of the primary duty of loyalty to their clients.

The Georgetown Journal article linked below along with several other resources poetically summarizes this potential Catch-22,citing comments from one law firm parter: "See, I can't ask an associate, 'What clients have you worked on?' That would be a breach of ethics for them to disclose it to me. I don't know how to do that. That's a good question."

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