Pennsylvania Legal Ethics

1.10   Rule 1.10 Imputed Disqualification: General Rule

1.10:100   Comparative Analysis of Pennsylvania Rule

• Primary Pennsylvania References: PA Rule 1.10
• Background References: ABA Model Rule 1.10, Other Jurisdictions
• Commentary:

1.10:101      Model Rule Comparison

Pennsylvania did not reformulate and move Rule 1.10(b) to Rule 1.9(b), as was the case with the Model Rules via amendment in 1989. PA-R 1.10 therefore still consists of sections a-d while MR 1.10 consists of sections a-c. PA-R 1.10(a), (c) and (d) are identical to MR 1.10(a), (b) and (c), respectively. PA-R 1.10(b), however, is notably distinct from MR 1.9(b). While the focus of MR 1.9(b) is the lawyer who has changed firms, the focus of PA-R 1.10(b) is the firm that has acquired a new lawyer. MR 1.9(b) prohibits a lawyer from representing interests adverse to those of a client represented by the lawyer's former firm in a substantially related matter if the lawyer acquired information material to the matter. PA-R 1.10(b), in contrast, prohibits a firm from representing a client whose interests are materially adverse to a former client of the lawyer's or the lawyer's former firm in a substantially related matter if the lawyer acquired material information about the matter -- unless the lawyer is screened and notice is given to the former client.

1.10:102      Model Code Comparison

DR 5-105 provides a counterpart to Rule 1.10, stating that "no partner, associate or any other lawyer affiliated" with a lawyer disqualified from a particular employment "may accept or continue" that employment.

1.10.103      Definition of "Firm"

[The discussion of this topic has not yet been written.]

1.10:200   Imputed Disqualification Among Current Affiliated Lawyers

• Primary Pennsylvania References: PA Rule 1.10(a)
• Background References: ABA Model Rule 1.10(a), Other Jurisdictions
• Commentary: ABA/BNA § 51:2001, ALI-LGL § 203, Wolfram § 7.6

1.10:300   Removing Imputation by Screening

• Primary Pennsylvania References: PA Rule 1.10
• Background References: ABA Model Rule 1.10, Other Jurisdictions
• Commentary: ABA/BNA § 51:2001, ALI-LGL § 204, Wolfram § 7.6

1.10:400   Disqualification of Firm After Disqualified Lawyer Departs

• Primary Pennsylvania References: PA Rule 1.10(c)
• Background References: ABA Model Rule 1.10(b), Other Jurisdictions
• Commentary: ABA/BNA § 51:2008, ALI-LGL § 204, Wolfram § 7.6.3

1.10:500   Client Consent

• Primary Pennsylvania References: PA Rule 1.10(d)
• Background References: ABA Model Rule 1.10(c), Other Jurisdictions
• Commentary: ABA/BNA § 51:2001, ALI-LGL § 202, Wolfram §§ 7.2, 7.3