95-14.

Case DateNovember 30, 1995
CourtKansas
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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