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Law Practice,
Law Office Management,
Ethics/Professional Responsibility

Apr. 13, 2018

Avoiding the problem of vicarious disqualification

In some cases, an entire law firm can be disqualified if the firm hires an attorney who has acquired, or could possibly have acquired, confidential information about an adverse party.

Linda W. Greenberg

Law Office of Linda Wesson Greenberg

10732 Fuerte Dr La Mesa
San Diego , California 91941

Phone: (619) 593-6331

Email: lwgreenberg@californialegalbooks.com

Linda practiced law in San Diego for 25 years before retiring. She currently teaches paralegal classes at the University of San Diego and Southwestern Community College in Chula Vista. She has published several paralegal books and textbooks.

See more...

Avoiding the problem of vicarious disqualification
An ethical wall must isolate and prevent the tainted attorney -- the one who possesses the confidential knowledge -- from gaining any access to the case. (Shutterstock)
Question: Will the Jones Law Firm be vicariously disqualified because they hired an attorney who acquired -- or could have acquired -- confidential information about a plaintiff in a lawsuit when the firm represents the defendant in that same lawsuit?

Disqualifying the entire firm is called "vicarious disqualification." And yes, in some cases the entire Jones Law Firm can be disqualified because when a law firm hires an attorney who has acquired, or could ...

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