1990 Illinois Rules of Professional Conduct
RULE 1.10 Imputed
Disqualification
Imputation of Conflicts of Interest:
General Rule [revisions to 1990 Rule are
indicated as follows: text deleted from the 1990 Rule is shown by
strikethrough;
additions to the 1990 Rule are shown in red]
(a) No lawyer associated with a firm shall represent a
client when the lawyer knows or reasonably should know that another lawyer
associated with that firm would be prohibited from doing so by Rules 1.7,
1.8(c) or 1.9, except as permitted by Rules 1.10(b), (c) or (d), or by Rule
1.11 or Rule 1.12.
(a) While lawyers are associated in a firm, none of them shall knowingly represent a client when any one of them practicing alone would be prohibited from doing so by Rules 1.7 or 1.9, unless the prohibition is based on a personal interest of the prohibited lawyer and does not present a significant risk of materially limiting the representation of the client by the remaining lawyers in the firm.
(b) When a lawyer becomes associated with a firm, the
firm may not represent a person in a matter that the firm knows or
reasonably should know is the same or substantially related to a matter in
which the newly associated lawyer, or a firm with which that lawyer was
associated, had previously represented a client whose interests are
materially adverse to that person unless:
(1) the newly associated lawyer has no information
protected by Rule 1.6 or Rule 1.9 that is material to the matter; or
(2) the newly associated lawyer is screened from any
participation in the matter.
(c) (b) When a lawyer has
terminated an association with a firm, the firm
may thereafter represent
is not prohibited from thereafter representing
a person with interests materially adverse to those of a client
represented by the formerly associated lawyer
if: and not currently
represented by the firm, unless:
(1) the matter is
(2) no any lawyer remaining in the firm has information protected by Rules 1.6 and
(d)
(c) A disqualification prescribed by
this Rule 1.10
may be waived by the affected client under the conditions stated in Rule
1.7.
(d) The disqualification of lawyers associated in a firm with former or current government lawyers is governed by Rule 1.11 and with former judges, arbitrators, mediators or other third-party neutrals is governed by Rule 1.12.
(e) For purposes of Rule 1.10, Rule 1.11, and Rule
1.12, a lawyer in a firm will be deemed to have been screened from any
participation in a matter if:
(1) the lawyer has been isolated from confidences,
secrets, and material knowledge concerning the matter;
(2) the lawyer has been isolated from all contact with
the client or any agent, officer, or employee of the client and any witness
for or against the client;
(3) the lawyer and the firm have been precluded from
discussing the matter with each other; and
(4) the firm has taken affirmative steps to accomplish
the foregoing.
(e) When a lawyer becomes associated with a firm, no lawyer associated in the firm shall knowingly represent a person in a matter in which that lawyer is disqualified under Rule 1.9 unless the personally disqualified lawyer is timely screened from any participation in the matter and is apportioned no part of the fee therefrom.
Adopted February 8, 1990; effective
August 1, 1990.