95-14.
Case Date | November 30, 1995 |
Court | Kansas |
Kansas Ethics Opinion
1995.
95-14.
November 30, 1995KBA Legal Ethics Opinion No. 95-14November 30, 1995
TOPIC: Definition of a "Firm" for attorney
disqualification
DIGEST: Whether a law "Firm" is created for purposes of MRPC 1.10
disqualification due to possible shared confidences is not presumed when the
lawyers are in separate cities, no formal "firm arrangement" is contemplated
and the lawyers use a heavily screened file-access arrangement. Because MRPC
1.10 is not automatically implicated, counsel in this "temporary hire"
arrangement not amounting to a formal firm can use screening devices, "cones of
silence," and other means by which the files the second lawyer has access to
are logged out and in. We believe the proposed contract detailing all such
screening and logging efforts is appropriate and avoids MRPC 1.9 and 1.10
disqualification.
Date of Request: September 19, 1995
REF: MRPC 1.10, 1.9, 1.7
FACTS
Attorney "B" was formerly a partner in Law Firm. During
employment with Law Firm, "B" represented Client 2 in a dispute concerning a
loan claimed to have been assigned to Client 1 by FDIC. Client 2 continues to
be represented by Law Firm. "A" has no connection to the former law firm.
Litigation between Clients 1 and 2 is a possibility, though nothing has been
filed. Client 1 was, and continues to be, represented by Attorney "A" in
connection with this dispute. If the matter is litigated, Attorney "A" will
represent Client 1.
"A" wants to hire "B" to handle certain unrelated legal research.
"B" proposes to work as an independent contractor. The work primarily includes
research, brief writing and drafting of pleadings, motions and written
discovery. "B" is paid hourly for the work performed, and keeps daily time
slips for work performed. "B" is free to contract for other offices, too. "A",
however, is to include "B" as an additional insured under "A's" professional
liability policy.
Under the contract, "A" and "B" maintain separate offices in
different cities thirty miles apart. Neither has access to the other's offices
or computers. "B" is prohibited by contract from linking her computer by modem
to "A's" server network. Before taking any work from "A", "B" insures there is
no conflict of interest as to any clients "B" previously provided work for
while with Law Firm. To the extent "B" needs access to "A's" files to complete
assigned work, such files will be handled only by "A's" employees. "B" is not
to have any access to any files not on the...
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