Also known as: effective screening · effectively screen · effectively screens · ethical screen · screened from
Written by attorneys · grounded in primary & secondary sources — see below
A procedural mechanism by which a law firm isolates a disqualified lawyer from any involvement in a matter. The lawyer receives no fee from the matter.
Dana joins Harbor Transit Law Group after previously auditing Meridian Rail's safety practices at another firm. When Meridian objects to the firm's representation of Coastal Freight Lines in a cargo claim, Harbor immediately bars Dana from files and discussions and denies her any fee share. The screen prevents imputation of Dana's conflict, allowing the firm to continue the representation.
A former in-house lawyer who handled a company's regulatory compliance joins a new firm and the firm takes on litigation directly adverse to that company in a substantially related matter. Because the lawyer participated personally in the prior work and the firm fails to implement a prompt screen isolating the lawyer from the new case, the entire firm is disqualified.
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The disqualified lawyer must be timely isolated from all participation in the matter and receive no fee from it.
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Effective screening prevents imputation only when the conflict arises from a lawyer's prior-firm work and the firm satisfies the timing, isolation, and fee requirements. It does not cure conflicts arising from current-client representations or when the lawyer remains involved.
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Late screening fails to satisfy the timeliness requirement. The conflict remains imputed to the firm and disqualification follows even if the lawyer is later isolated and receives no fee.
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The rule requires only that the affected former client receive prompt written notice. The firm must still ensure the lawyer understands and complies with the isolation measures, but the formal notice obligation runs to the former client.
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