What must occur to overcome imputed disqualification from a former client at a prior firm?

Imputed disqualification arises when a lawyer who has previously represented a client is restricted from taking on a new representation that is materially adverse to the interests of that former client, and this restriction extends to other lawyers in the same firm. To overcome this disqualification, it is essential to implement a timely screening process or ethical wall.

This screening must be properly established and communicated within the firm to prevent the flow of information regarding the former client's legal matters to any lawyers who represent the opposing interests. The ethical wall serves as a mechanism to isolate the attorney who has the conflict from the rest of the firm on the case, ensuring that the former client's confidential information is not shared with or accessed by anyone involved in the new representation.

Implementing such ethical walls is generally seen as a sufficient means to address conflicts arising from prior representations, provided that it is done in a timely manner and effectively limits access to relevant information. Thus, establishing timely screening behind an ethical wall is the correct procedure to overcome imputed disqualification from a former client at a prior firm.