Barry Temkin, left, and Kate DiGeronimo. Partners at Mound Cotton. Courtesy PhotoLateral Attorney Transitions Under the Ethics Rules
Law firms hiring lateral lawyers should be careful that they are not conflicting themselves out in the process. This is because a lateral lawyer’s conflicts are imputed to the new firm under the Rules of Professional Conduct, two Mound Cotton Wollan & Greengrass partners write.
December 16, 2024 at 07:29 PM
8 minute read
Law firms hiring lateral lawyers should be careful that they are not conflicting themselves out in the process. This is because a lateral lawyer’s conflicts are imputed to the new firm under the Rules of Professional Conduct (RPC). This principle applies to lateral partners as well as associates.
Absent informed consent, confirmed in writing, a lawyer may not switch sides and sue a former client in the same or a substantially related matter. New York Rule of Professional Conduct 1.9 prohibits a lawyer from acting adversely to a former client about whom the lawyer acquired material confidential information:
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