Under imputation rules, a conflict disqualifying one lawyer generally disqualifies the firm. Exceptions exist for conflicts based on personal interest that do not materially limit representation, and in some jurisdictions for screened lateral hires.
Imputation follows lawyers between firms.
Alternative Names:
Imputation, Vicarious Conflict
Why it Matters?
Imputation is what makes lateral hiring a conflicts problem rather than an individual one, since an incoming lawyer carries their prior firm's client conflicts with them. The exposure scales with the lateral's prior firm size, because the incoming lawyer is imputed with conflicts from matters they never touched. Running conflicts against a lateral's prior firm client list before an offer is standard practice for that reason.
Frequently Confused with
Related terms
Frequently asked questions
Does a lateral hire bring conflicts to the new firm?
What is the standard precaution?
