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If a former government lawyer is disqualified from representing a client in connection with a matter that the lawyer worked on while in government, ... (what happens to the firm?)

User Brynden
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Final answer:

When a former government lawyer is disqualified from representing a client on a matter they previously worked on, the entire law firm may be affected due to imputed disqualification, potentially requiring the firm to decline representation or implement an ethical wall to prevent conflicts of interest, in line with regulations like the Honest Leadership and Open Government Act and revolving door laws.

Step-by-step explanation:

If a former government lawyer is disqualified from representing a client in connection with a matter that the lawyer worked on while in government service, the implications for the law firm can vary depending on the rules of professional conduct and conflict of interest laws applicable in the jurisdiction. Generally, such restrictions extend to the firm as well to prevent indirect conflicts of interest. This is often referred to as 'imputed disqualification,' where the conflict of interest for one attorney extends to the entire firm.

Disqualification can have significant repercussions for the firm. It may need to decline representation of the client altogether, or take measures such as implementing an ethical wall or 'screen' to isolate the conflicted lawyer from any participation or communication about the matter within the firm. Sometimes, even with an ethical wall, the conflict may be so pervasive that the firm must decline the work.

The principles underpinning these rules are protection of client confidences and public trust in the legal process. Regulations such as the Honest Leadership and Open Government Act and various revolving door laws are designed to prevent former government lawyers from using their previous positions to the advantage of their new clients, which could lead to unfair outcomes and undermine the integrity of the legal system.

User Peter Lee
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