If a lawyer is disqualified from a representation due to conflict, what must accompany any continuation of the representation by other lawyers in the firm?

If a lawyer is disqualified from a representation due to conflict, what must accompany any continuation of the representation by other lawyers in the firm?

• A. Timely screened and written notice to parties and tribunal
• B. An affidavit from the disqualified lawyer
• C. A court order
• D. Nothing special

Answer: (A)

When a lawyer is disqualified from a representation due to a conflict, the firm may continue the matter with other lawyers only if proper safeguards are put in place. The essential safeguard is an ethical screen that prevents the disqualified lawyer from participating in the matter or accessing any confidential information related to it. Along with the screen, there must be timely written notice to all parties and to the tribunal informing them that screening has been implemented and who is handling the case. This notice protects the parties’ and the court’s ability to assess the continued representation and ensures transparency about who is practicing on the matter. An affidavit from the disqualified lawyer, or a court order, is not required, and nothing special is not correct because the rules demand this screening plus notice to maintain ethical integrity.

When a lawyer is disqualified from a representation due to a conflict, the firm may continue the matter with other lawyers only if proper safeguards are put in place. The essential safeguard is an ethical screen that prevents the disqualified lawyer from participating in the matter or accessing any confidential information related to it. Along with the screen, there must be timely written notice to all parties and to the tribunal informing them that screening has been implemented and who is handling the case. This notice protects the parties’ and the court’s ability to assess the continued representation and ensures transparency about who is practicing on the matter. An affidavit from the disqualified lawyer, or a court order, is not required, and nothing special is not correct because the rules demand this screening plus notice to maintain ethical integrity.