Could screening a lateral associate let a defense firm keep a case the associate had handled for the plaintiff?

Plain-English summary

A defense firm hired the primary associate on the opposing plaintiff’s medical-malpractice matter and proposed to screen the associate upon arrival.

The opinion said Rules 4-1.10 and 4-1.9(a) created a firm conflict once the associate joined. Screening alone was not an option. The plaintiff could waive the conflict, possibly persuaded by an offered screen; otherwise the firm needed to withdraw before employment began.

Currency note

This opinion was issued in 1998, before Missouri’s 2007 revisions to the Rules of Professional Conduct. Later amendments or opinions may have changed the analysis. Treat this page as historical context and verify current rules before relying on it. The official Rule 4-1.9 and 4-1.10 reference notes identify July 1, 2007 amendments.

Common questions

Q: Was screening alone sufficient?

A: No. The opinion expressly rejected it.

Q: Could the plaintiff waive the conflict?

A: Yes. The opinion identified that possibility.

Background and rules framework

The answer cited Rules 4-1.10 and 4-1.9(a).

Citations and references

Missouri Rules of Professional Conduct:

• Rule 4-1.10
• Rule 4-1.9

See also

• Missouri Informal Op. 980163: Departing Associate

Source

• Landing page: https://mo-legal-ethics.org/informal-opinion/980084/

• Rule revision reference: Missouri Informal Opinion 20030007

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

QUESTION: Attorney´s firm is a general defense firm, which represents defendant X in a medical negligence case. The firm recently hired an associate, who has not yet come to work. The associate is currently working with a plaintiff´s firm and is the primary associate representing the plaintiffs in the medical malpractice case against defendant X. Attorney´s firm intends to completely screen the case when the associate arrives at the firm. May Attorney´s firm continue to represent the defendant in the medical negligence case?
ANSWER: Under Rules 4–1.10 and 4–1.9(a), Attorney´s firm has a conflict of interest in the case once the associate becomes associated with Attorney´s firm. Screening is not an option to avoid the conflict. The conflict would be waivable by the plaintiff and, perhaps, Attorney´s offer of screening will persuade the plaintiff to waive the conflict. Otherwise, it will be necessary for Attorney´s firm to withdraw from the case before the associate begins employment.