Under imputed disqualification, when may a new firm represent a client adverse to the former client's matter?

• A. If none of the former firm's lawyers obtained confidential information about the former client.
• B. If the former client waives the conflict in writing.
• C. If the new firm simply conducts a conflicts check.
• D. If the matter is unrelated to anything handled by the former firm.

Answer: (A)

Imputed disqualification depends on the risk that a former attorney could use confidential information about that former client against them. If none of the former firm’s lawyers obtained any confidential information about the former client, there’s no information to exploit, so the disqualification does not transfer to the new firm. In that situation, the new firm may take on a client opposing the former client’s matter. If confidential information did exist, the disqualification would typically apply to the firm unless steps like screening are used or other allowed remedies are available. The other options don’t address the core issue—the presence or absence of confidential information—so they don’t justify allowing the representation in the imputed-disqualification scenario.