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End-of-life notice: American Legal Ethics Library

As of March 1, 2013, the Legal Information Institute is no longer maintaining the information in the American Legal Ethics Library. It is no longer possible for us to maintain it at a level of completeness and accuracy given its staffing needs. It is very possible that we will revive it at a future time. At this point, it is in need of a complete technological renovation and reworking of the "correspondent firm" model which successfully sustained it for many years.

Many people have contributed time and effort to the project over the years, and we would like to thank them. In particular, Roger Cramton and Peter Martin not only conceived ALEL but gave much of their own labor to it. We are also grateful to Brad Wendel for his editorial contributions, to Brian Toohey and all at Jones Day for their efforts, and to all of our correspondents and contributors. Thank you.

We regret any inconvenience.

Some portions of the collection may already be severely out of date, so please be cautious in your use of this material.


Alaska Rules of Professional Conduct

COMMENTS

Comment - Rule 1.11

“Screening” is a procedure used to prevent intrafirm exchange of confidential information. Courts and commentators generally recognize two screening methods -- the “Chinese Wall” and the “cone of silence.” When a firm establishes a Chinese Wall, the tainted lawyer is usually separated, both physically and organizationally, from attorneys working on the conflicting matter. The attorney is generally prohibited from having any connection with the case, from receiving any share of the fees attributable to it, and from having access to the files. Other members of the firm are not allowed to discuss the case or share documents with the attorney. Under the “cone of silence” method, the tainted attorney simply agrees not to share information about prior clients with members of the new firm. For a discussion of the “cone of silence” method, see Nemours Foundation v. Gilbane, Aetna, Federal Insurance Co., 632 F. Supp. 418, 428 (D. Del. 1986).