what are attorney screening rules

Successful screening requires the following: (1) all attorneys in the firm must be prohibited from discussing the case with the disqualified attorney; (2) the disqualified attorney must be barred from accessing the case file, either physically through locks or through other security measures; and (3) the disqualified attorney cannot share in the profits or fees derived from the representation.

Full Answer

What is a screening attorney?

First, under Revised Rule 1.11(b), screening is permitted when an attorney moves between government employment and private practice. Second, screening is allowed, pursuant to Revised Rule 1.12(c), when a lawyer joins a firm after being involved in a matter as a former judge, arbitrator, mediator, or other third-party neutral.

When should a notice of screening be given to a lawyer?

Successful screening requires the following: (1) all attorneys in the firm must be prohibited from discussing the case with the disqualified attorney; (2) the disqualified attorney must be barred from accessing the case file, either physically through locks or through other security measures; and (3) the disqualified attorney cannot share in the profits or fees derived from the …

Is screening now permissible when lawyers move between law firms?

Dec 23, 2003 · First, under Revised Rule 1.11(b), screening is permitted when an attorney moves between government employment and private practice. Second, screening is allowed, pursuant to Revised Rule 1.12(c), when a lawyer joins a firm after being involved in a matter as a former judge, arbitrator, mediator or other third-party neutral.

Can a law firm screen a disqualified lawyer?

ATTORNEY SCREENING AND STANDARDS OF REPRESENTATION Rule 6.3.1 General Competency Requirement Absent a knowing and intelligent waiver by the party repr esented, all attorneys appearing in juvenile dependency proceedings must be members in good standing of the State Bar of California and must meet the minimum standards

When can a lawyer be screened?

First, under Revised Rule 1.11 (b), screening is permitted when an attorney moves between government employment and private practice. Second, screening is allowed, pursuant to Revised Rule 1.12 (c), when a lawyer joins a firm after being involved in a matter as a former judge, arbitrator, mediator or other third-party neutral. In these situations, a law firm can screen a disqualified lawyer to allow other attorneys in the same firm to represent a client that the disqualified lawyer could not. This was permissible even under the former rules.

What are the requirements for a disqualified lawyer?

Second, the law firm must give the affected former client written notice sufficient to ascertain compliance with the screening procedures. If these requirements are met, the law firm does not need consent from the affected client.

When did the Rules of Professional Conduct take effect?

This article is the third installment in a series concerning the most recent revisions to the Rules of Professional Conduct, which took effect on March 1, 2003. In the series of articles, the authors discuss the practical implications of the more significant changes to the Rules of Professional Conduct.

What is the New York Rule 1.11?

As for the appearance of impropriety, New York Rule 1.11 (b) (2) specifically adds, as a condition for authorizing screening in the case of former government officers, that there must be “no other circumstances in the particular representation that create an appearance of impropriety.” The addition of this language in the New York’s version of Rule 1.11 carries over the same language from its predecessor DR 9-101 (B), and “is an apparent nod to the caution in Kassis against appearances of impropriety” which acts as “an additional restraint upon screening,” which does not generally enjoy wide acceptance in New York.

What is the rule for conflicts of interest?

Rule 1.11, entitled “Specific Conflicts of Interest for Former and Current Government Officers and Employees,” covers two topics related to the so-called “revolving door” between government and the private sector. The first topic, addressed in Rule 1.11 (a)– (c), concerns lawyers formerly in public service. The second topic, addressed in Rule 1.11 (d) and (f), concerns lawyers currently in public service. (Note that Rule 1.11 applies even to lawyers who worked for the government in a nonlegal capacity, such as a policy advisor, agency head, or elected official.)

What is a prohibition on conduct by an individual lawyer?

Under paragraph (k), a prohibition on conduct by an individual lawyer in paragraphs (a) through (i) also applies to all lawyers associated in a firm with the personally prohibited lawyer. For example, one lawyer in a firm may not enter into a business transaction with a client of another member of the firm without complying with paragraph (a), even if the first lawyer is not personally involved in the representation of the client. The prohibition set forth in paragraph (j) is personal and is not applied to associated lawyers.

What is the role of a lawyer in the adversary system?

As advocate, a lawyer zealously asserts the client’s position under the rules of the adversary system. As negotiator, a lawyer seeks a result advantageous to the client but consistent with requirements of honest dealings with others.

What are the rules of professional conduct?

The Rules of Professional Conduct are rules of reason. They should be interpreted with reference to the purposes of legal representation and of the law itself. Some of the Rules are imperatives, cast in the terms "shall" or "shall not." These define proper conduct for purposes of professional discipline. Others, generally cast in the term "may" or "should," are permissive and define areas under the Rules in which the lawyer has discretion to exercise professional judgment. No disciplinary action should be taken when the lawyer chooses not to act or acts within the bounds of such discretion. Other Rules define the nature of relationships between the lawyer and others. The Rules are thus partly obligatory and disciplinary and partly constitutive and descriptive in that they define a lawyer's professional role. Many of the Comments use the term "should." Comments do not add obligations to the Rules but provide guidance for practicing in compliance with the Rules.

What does "state" mean in the context of judicial conduct?

state or imply an ability to influence improperly a government agency or official or to achieve results by means that violate the Rules of Professional Conduct or other law; knowingly assist a judge or judicial officer in conduct that is a violation of applicable rules of judicial conduct or other law; or.

What is the role of a lawyer?

A lawyer, as a member of the legal profession, is a representative of clients, an officer of the legal system and a public citizen having a special responsibility for the quality of justice. As a representative of clients, a lawyer performs various functions.

What is a lawyer responsible for?

Every lawyer is responsible for observance of the Rules of Professional Conduct. A lawyer should also aid in securing their observance by other lawyers. Neglect of these responsibilities compromises the independence of the profession and the public interest which it serves.

Why are lawyers important?

Lawyers play a vital role in the preservation of society. The fulfillment of this role requires an understanding by lawyers of their relationship to our legal system. The Rules of Professional Conduct, when properly applied, serve to define that relationship.