ABA adopts revised amendment to Rule 1.10 permitting screening provided that ……. [read text of amendment]

  109 From ABA mid year meeting website listing resolutions adopted by the House of Delegates.  For text of revision click below.   

Amends Model Rule of Professional Conduct 1.10 (“Imputation of Conflicts of Interest: General Rule”) to permit the screening of a lawyer who moves laterally from one private law firm to another, so that conflicts of interest that apply to the moving lawyer under Model Rule 1.9 (“Duties to Former Clients”) are not imputed to all the other lawyers in the new law firm.

Adopted As Revised

The not so invisible hand seeks to cast the deciding vote on the ABA proposal to loosen conflict of interest rules

At its last meeting the ABA House of Delegates defeated, by one vote, a proposal that would have allowed screening in order to permit lateral moves by lawyers from one firm to another.  The ABA will take the matter up again at its mid-year meeting in Boston on Feb. 16th.  Dan Binstock at LegalTimes (see link below) describes rainmakers restless to move to “higher ground” (which Binstock refers to as “flight to quality”).  Current conflict of interest rules can restrict the rainmakers’ options.  The pressure to change those rules has grown.  For an update on the status of the proposals to loosen the conflict of interest rules in the Model Rules click on the link to the ABA Center on Professional Responsibility.

from the ABA Center on Professional Responsibility

MATERIALS ON HOUSE REPORT 109 
ABA Standing Committee on Ethics and Professional Responsibility
(revised January 26, 2009)

from LegalTimes at law.com see:  The Rainmakers Are Restless

Over the next few months, many top revenue-generators may take their own “flight to quality.”

Legal Times

January 26, 2009