Article · Legal Ethics

The Conflict Belongs to the Firm, Not the Lawyer: How Conflicts of Interest Actually Work

18 U.S.C. § 207

Type
Article
Jurisdiction
National
Date
2024-08-06
Topic
Legal Ethics

A conflict of interest is not a personal failing of one lawyer. It is a firm-wide disability that attaches to every lawyer in the office the moment one of them is disqualified, and it can arrive without anyone doing anything wrong at all. Imputation is the doctrine that does most of the work in this field, and screening is the mechanism that sometimes undoes it. This article explains how current-client and former-client conflicts differ, why the substantial relationship test asks about information rather than loyalty, when a client can consent and when consent is unavailable, how a lateral hire can disable an entire firm overnight, and why the remedy sought in litigation — disqualification — is governed by an entirely different calculus from the ethics rule that defines the violation.

The Conflict Belongs to the Firm, Not the Lawyer: How Conflicts of Interest Actually Work

Legal Ethics > Conflicts of Interest, Imputation, and Disqualification | Published 6 August 2024 - Updated 19 December 2025 | UpLaw - uplaw.us

The structural fact that explains everything else

Most lawyers first meet conflicts as a form to fill out: run the name, wait for clearance, proceed. That framing hides the doctrine's actual shape.

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