Confidentiality and Protective Orders
Information Barriers
An ethical wall restricts specified lawyers and staff from accessing a matter's files, communications, and personnel. Implementation typically combines system permissions, physical separation where relevant, written acknowledgments, and documentation of the screen's timing.
Timely screening can prevent imputation of certain conflicts under applicable rules.
Alternative Names:
Ethical Screen, Information Barrier, Chinese Wall
Why it Matters?
The wall's effectiveness depends on whether it was implemented before any exposure occurred and whether it can be demonstrated. That makes matter-level permissions in the document management system the operative control, since a screen that exists on paper while the files remain accessible provides no protection. Documentation of when the screen was erected is what survives a later disqualification motion.
Frequently Confused with
Frequently asked questions
Does screening always cure an imputed conflict?
What makes a screen defensible?
