Screening restricts a personally conflicted lawyer from participating in a matter, accessing its files, or sharing information about it. Requirements typically include timely implementation, written notice, and enforcement measures.
Whether screening cures imputation varies substantially by jurisdiction.
Alternative Names:
Ethical Screening, Lawyer Screening
Why it Matters?
Timeliness determines effectiveness, since a screen erected after the lawyer has accessed the file provides no protection. That makes lateral hire conflicts checking a pre-arrival process rather than a first-day one. Jurisdictions also differ fundamentally: some permit screening to cure lateral conflicts without client consent, others require consent, and a few disqualify the firm regardless of any screen.
Frequently Confused with
Related terms
Frequently asked questions
Does screening always cure an imputed conflict?
Why does timing matter?
