Also known as: migrating lawyers · migratory lawyer
Written by attorneys · grounded in primary & secondary sources — see below
A lawyer who changes employment from one law firm to another. The move creates a rebuttable presumption that the lawyer possesses confidential information from any substantially related prior representation, exposing the new firm to imputed disqualification unless timely and effective screening prevents any involvement or fee sharing.
Maria Morales leaves her old firm after handling a contract dispute for Mirage Hotels. She joins a new firm that is representing the opposing party in the same dispute. The new firm immediately isolates Morales from the matter, bars her from all files and discussions, and excludes her from any fees. The screening measures rebut the presumption of shared confidences and allow the new firm to continue the representation.
Michael Miller joins Momentum Capital's outside counsel after previously litigating a securities claim against the company at his former firm. The new firm places Miller on the same team without any screening procedures. Because no effective barriers prevent access to confidential information or fee participation, the court disqualifies the entire firm from the ongoing matter.
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A rebuttable presumption arises that the migrating lawyer received confidential information from any substantially related prior representation. The new firm must demonstrate effective screening to avoid imputed disqualification.
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The firm must implement timely screening that prevents the lawyer from any participation in the matter and from sharing in related fees. The measures must be effective and documented to rebut the presumption of shared confidences.
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No. Imputed disqualification is not automatic when the new firm establishes proper screening procedures that isolate the migrating lawyer from the conflicting matter.
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