Also known as: screen · screens · screened · screenings · conflict screening · ethical wall
Written by attorneys · grounded in primary & secondary sources — see below
Procedures within a law firm that isolate a lawyer from any participation in a matter through timely measures reasonably adequate under the circumstances to protect confidential information the isolated lawyer is obligated to safeguard.
Steven Silva left his post at a federal agency after acquiring confidential information about a regulated company. He joined Sterling Dynamics and the firm immediately erected barriers preventing him from any access to or discussion of a related private matter. The firm also notified the agency in writing and ensured Steven received no share of fees from that representation.
A former regulator joined a private firm after handling enforcement matters involving a target company. The firm promptly isolated the lawyer through restricted access, no discussions, and no fee participation, then sent written notice to the agency confirming compliance with screening rules.
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Sierra Santos supervised an SEC enforcement action while in government service. After joining Solstice Ventures she was promptly isolated from the parallel private litigation through physical separation, restricted files, and no fee participation. The government consented to the arrangement and the court permitted the firm to continue representing the client.
Skylar Sullivan handled substantial litigation strategy for Spectrum Financial while serving as in-house counsel. Upon joining a new firm she received no screening measures and continued to discuss the same matter with colleagues. The court disqualified the entire firm from representing the adverse party.
Stella Shapiro had represented a client in a substantially related transaction at her prior firm. After moving to a new firm the firm erected timely screens that barred her from files, meetings, and any fee share in the matter. The court found the measures sufficient to rebut the presumption of shared confidences.
Simone Sanders represented a family and their insurer in a single accident case. When the child later sued the parents the firm attempted to screen the lawyer who had previously advised the parents. The court still disqualified the firm because the adversity was direct and the advance waiver proved ineffective.
Screening requires isolation of the lawyer from participation through procedures such as restricted file access, no discussion of the matter, and no fee sharing. Written notice must also be given to affected parties describing the procedures employed.
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Screening prevents imputation only when it is timely, the lawyer receives no fee share, and the government receives prompt written notice. The measures must be reasonably adequate to protect confidential government information.
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Screening fails if it is not established before the lawyer joins the new matter or if the lawyer actually participated in the substantially related prior representation. Courts also reject screening when the conflict involves direct adversity and serious confidentiality risks.
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The firm must promptly give written notice to affected former clients or government agencies that includes a description of the screening procedures, statements of compliance, and an agreement to respond to inquiries.
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