If a former government lawyer is disqualified from a matter due to participation, what must accompany any subsequent representation by associated lawyers?

If a former government lawyer is disqualified from a matter due to participation, what must accompany any subsequent representation by associated lawyers?

• A. Timely screened, apportioned fee, and written notice
• B. A court order granting permission
• C. The former client's consent
• D. The government agency's approval

Answer: (A)

The key idea is that when a former government lawyer participated in a matter and is disqualified, any later representation by lawyers in the same firm must be tightly controlled to avoid conflicts and protect confidential information. To permit continued representation, three safeguards must be in place: the disqualified lawyer must be promptly screened from any involvement in the matter; the fees charged for the matter must be apportioned so that the client does not pay for the disqualified lawyer’s time; and there must be written notice to the appropriate authorities and the client outlining the screening and fee arrangement. These steps ensure the client’s interests are protected and that the firm can proceed without the former government lawyer influencing the case or benefiting from confidential information. A court order or agency approval isn’t required, and the former client’s consent cannot override the disqualification.

The key idea is that when a former government lawyer participated in a matter and is disqualified, any later representation by lawyers in the same firm must be tightly controlled to avoid conflicts and protect confidential information. To permit continued representation, three safeguards must be in place: the disqualified lawyer must be promptly screened from any involvement in the matter; the fees charged for the matter must be apportioned so that the client does not pay for the disqualified lawyer’s time; and there must be written notice to the appropriate authorities and the client outlining the screening and fee arrangement. These steps ensure the client’s interests are protected and that the firm can proceed without the former government lawyer influencing the case or benefiting from confidential information. A court order or agency approval isn’t required, and the former client’s consent cannot override the disqualification.