ETH 73-14.

CourtNebraska
Nebraska Ethics Opinion 1973. ETH 73-14. 1973OPINION NO. 73-14Ethics Opinions -- NSBAPROVIDED THAT ALL ETHICAL CONSIDERATIONS AND DISCIPLINARY RULES ARE MET AND COMPLIED WITH BY THE COMPETING LAW FIRM, IT IS NOT NECESSARILY UNETHICAL FOR IT, WITHOUT SOLICITATION ON ITS PART, TO EMPLOY A FORMER SECRETARY OF ANOTHER LAW FIRM WHO VOLUNTARILY SEEKS EMPLOYMENT WITH SUCH COMPETING LAW FIRM.AUTHORITIES APPLICABLE Canon I - A lawyer should assist in maintaining the integrity and competence of the legal profession. EC 101 - Maintaining the integrity and improving the competence of the bar to meet the highest standards is the ethical responsibility of every lawyer. DR 4-101(D)- A lawyer shall exercise reasonable care to prevent his employees, associates, and others whose services are utilized by him from disclosing or using confidences or secrets of a client ****. State -vs- Richards - An attorney should not only avoid impropriety but should avoid the appearance of impropriety. Canon 9 - A lawyer should avoid the appearance of impropriety. THE QUESTION Is it proper for a legal secretary, who has terminated her employment in a law firm to be subsequently employed by a competing law firm? THE PROBLEM This involves a community of about 2400 people with three law firms. A legal secretary leaves Law Firm "A" and wishes to be hired by Law Firm "B". It would be inconvenient, perhaps impossible, for her to seek employment elsewhere, because of her responsibilities at home. The reason for her leaving "A" is not shown nor why she seeks employment with "B", except that she probably needs employment. Although only a few adversary matters involve these two law firms, the bone of contention seems to be that confidential information acquired by her, when employed at "A" might either directly or indirectly, intentionally or unintentionally, improperly militate to the advantage of "B". If "B" is not ethically permitted to hire her, could she claim actionable discrimination against her unemployment? Certainly, not being inextricably bound by the Code of Professional Responsibility, she should be entitled to seek employment wherever she desires, unhampered by possible unethical considerations applying to the employer. Also, some secretaries know little or nothing of the confidential matters discussed with their employers; others may know considerable...

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