Questions on Imputed Conflicts
There is a large number imputed conflicts/transitory lawyers scenarios to consider. Consider each of these under Rules 1.9 and 1.10.
1) Assume X, a lawyer at Firm 1, represents A in connection with an antitrust claim against A brought by B. Y, also a lawyer at Firm 1, is approached by C, who wants to sue A for employment discrimination. Is there a conflicts problem? What if “Firm 1" was not a partnership, but was merely a collection of lawyers that shared the same offices?
2) Assume X no longer represents A. May Y represent C? May Y represent D, who is suing A for antitrust violations? May Z, who entered Firm 1 after X dropped A as a client, represent D?
3) Assume that after dropping A as a client, X moves to Firm 2. May X now represent D in his suit against A? May W, another lawyer at Firm 2, represent D in his suit against A?
4) After X leaves for Firm 2, may Y, who is still a lawyer at Firm 1 and who did a small amount of discovery work for A in B’s suit against A, represent D? May V, who is still a lawyer at Firm 1 and who knew nothing about B’s suit against A, represent D?
5) Assume Y moves to Firm 3. May he now undertake to represent D? May U, another lawyer at Firm 3, represent D?
6) Assume instead that V moves to Firm 3. May V represent D? May U, another lawyer at Firm 3, represent D?
7) Firm 1 and Firm 2 cooperate jointly in the defense of A in an antitrust case. At the same time Firm 1's is representing B in his suit against C, who is represented by Firm 2. Is there a conflicts problem?
8) A works at Firm 1, but has had discussions concerning possible employment with the X Corp. Firm 1 (but not A) is representing the Y Corp. in a suit against the X Corp. Any conflicts problems?