Imputed Disqualification
What does "Imputed Disqualification" mean in law?
Under Model Rule 1.10, when one lawyer in a firm has a conflict of interest under Rules 1.7 or 1.9, that conflict is generally imputed to every other lawyer in the firm, disqualifying the entire firm from the representation. The rationale is that lawyers within a firm are presumed to share confidential information, making it impossible for a single lawyer to be screened from a matter in most circumstances. Under the 2009 amendments to the Model Rules, screening with timely notice to the affected client is permitted when the conflict arises from a lawyer's prior firm association (a lateral hire), but many jurisdictions have not adopted this screening provision. Imputation does not apply to conflicts based solely on a lawyer's personal interest that does not present a significant risk of materially limiting other lawyers' representation.
Definition
Under Model Rule 1.10, when one lawyer in a firm has a conflict of interest under Rules 1.7 or 1.9, that conflict is generally imputed to every other lawyer in the firm, disqualifying the entire firm from the representation. The rationale is that lawyers within a firm are presumed to share confidential information, making it impossible for a single lawyer to be screened from a matter in most circumstances. Under the 2009 amendments to the Model Rules, screening with timely notice to the affected client is permitted when the conflict arises from a lawyer's prior firm association (a lateral hire), but many jurisdictions have not adopted this screening provision. Imputation does not apply to conflicts based solely on a lawyer's personal interest that does not present a significant risk of materially limiting other lawyers' representation.
Example
When a lateral hire joins a firm and previously represented a client adverse to one of the new firm's current clients, the entire firm may be disqualified from the matter under Rule 1.10 unless proper screening procedures are implemented in jurisdictions that allow them.