Wednesday, December 12, 2012

New Mexico rejects screening as a way to avoid conflict when a lawyer joins a new firm

In an opinion released last week, the Supreme Court of New Mexico has interpreted the state rule on imputation of conflicts of interest to hold that a firm may not represent a client if a new lawyer on the firm had played a substantial role in representing an interest adverse to the client in the lawyer's former firm.  If the lawyer played a substantial role, the firm would be disqualified automatically.  Screening, which is now accepted in the ABA Model Rules as an alternative to avoid this type of conflict, is not an option in New Mexico.  The case is called Mercer, LLC. v. Reynolds and it is available here

Thanks to the Legal Profession blog for the link.

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