ISBA Ethics Opinions on Imputed Disqualification

As a means to avoid imputation of a conflict within a lawfirm, screening is only available when a lawyer becomes associated with a firm. Screening is not available to insulate existing members of a firm from each other’s potential conflicts.

A lawyer may not continue to represent a school district against which the lawyer’s partner has initiated an adverse proceeding. Recusal from consideration of the partner’s adverse proceeding will not remove the conflict of interest. However, the school board may give informed consent to the lawyer’s continued representation in unrelated matters if the lawyer reasonably believes that the lawyer will be able to provide competent and diligent representation despite the conflict of interest.

In a medical malpractice lawsuit where a physician and hospital are individual defendants with directly adverse positions, it is a conflict of interest for an attorney to represent the physician if the attorney’s law firm also represents the same hospital in other unrelated medical malpractice lawsuits unless the attorney reasonably believes the representation will not adversely affect the relationship with the other client and each client consents after disclosure.

A former judge may not participate in a matter in which he was previously substantially involved as a judge. A firm failing to screen or prevent a former judge's participation in a case in which he was substantially involved results in the firm's disqualification.