Guide · Legal Ethics

Conflicts of Interest: A Comprehensive Guide to Current and Former Clients, Imputation, Screening, Waivers, and Disqualification Motions

Type
Guide
Jurisdiction
National
Date
2024-07-30
Topic
Legal Ethics

This guide works through the conflicts system in the order a practitioner encounters it. It covers identifying the client, the current-client rule and its consentability limits, the former-client rule and the substantial relationship test, imputation and its exceptions, screening in practice, the prospective client rule, joint representation, advance waivers, lateral hiring, former government lawyers, outside counsel guidelines, and the separate law of disqualification motions. Each part states the rule, identifies the recurring failure mode, and gives the operational instruction. The unifying idea is that conflicts law regulates the firm as an institution rather than the lawyer as an individual, which is why the answers depend on databases, engagement letters, and access controls as much as on doctrine.

Conflicts of Interest: A Comprehensive Guide to Current and Former Clients, Imputation, Screening, Waivers, and Disqualification Motions

Legal Ethics > Conflicts of Interest, Imputation, and Disqualification | Published 30 July 2024 - Updated 8 December 2025 | UpLaw - uplaw.us

Part one: who is the client

Every conflicts question begins here, and a surprising share of conflicts problems are really client-identification problems.

The full text of this document is available to Executive subscribers and above. See plans.