Legal Commentary

Yesterday the ABA house of delegates voted to revise Rule 1.10 to allow the screening of lawyers whose past representation of a client would otherwise create a conflict that would be imputed to any firm that the lawyer joined -- i.e., conceivably I could be representing plaintiff, then switch in the middle of the case to the firm representing defendant.  As long as my new firm puts in an adequate screen, I do not need the plaintiff's consent.  Several states already allow this, and there are good arguments on both sides of the debate.  The timing is not ideal, though.  This is the only major policy change emerging from the mid-year conference, so news accounts will undoubtedly highlight the ABA protecting its own when times get tough.