Imputed disqualification: When a lawyer leaves a firm, under what condition may the new firm represent a client adverse to the former client's matter?

• A. The new firm may represent if none of the former firm's lawyers obtained confidential information about the former client.
• B. The new firm may represent if the departing lawyer never existed.
• C. The new firm may represent only if the former client consents in writing.
• D. The new firm may represent regardless of confidential information if a conflicts check is completed.

Answer: (A)

Imputed disqualification is about whether a firm can represent someone against a former client after a lawyer leaves. The key is whether any lawyer who remains at the former firm actually had access to confidential information about that former client. If none of the former firm’s lawyers obtained confidential information, there’s no risk of the new firm leveraging that secret, so they may take the adverse matter. If confidential information was obtained by anyone at the former firm, the new firm is generally disqualified from representing against the former client in the same or a related matter, and simply doing a conflicts check or obtaining consent does not cure that. So the best condition for allowing representation is that none of the former firm’s lawyers obtained confidential information about the former client.