a lawyer who was imputed

Imputed or vicarious disqualification occurs when an entire law firm is infected with the “conflicts virus” which resides in the temporary lawyer. For conflicts of interest analysis, the temporary or contract lawyer is infected with a virus whenever she is deemed to represent a client.

Full Answer

What does imputed mean in law?

In the legal sense, the term imputed is used to describe an action, fact, or quality, the knowledge of which is charged to an individual based upon the actions of another for whom the individual is responsible rather than on the individual's own acts or omissions.

What is an example of imputed negligence?

For example, in the law of agency, the actions of an agent performed during the course of employment will be attributed to the agent's principal. The doctrine of imputed Negligence makes one person legally responsible for the negligent conduct of another.

What is the rule of imputed disqualification?

[2] The rule of imputed disqualification stated in paragraph (a) gives effect to the principle of loyalty to the client as it applies to lawyers who practice in a law firm.

What is an imputed underpayment from a partnership?

Partnerships that have an imputed underpayment arising from such audits have the option to pay assessment at the partnership level or push the assessment out their partners for payment.

What is imputed disqualification?

Imputed disqualification means that you and all the members of your firm are treated as a unit for the purposes of conflicts. This includes any group of lawyers that work together closely or share responsibilities, e.g., private firms, government agency offices, and corporate law departments.

What is an imputed conflict?

paragraph (a) that imputation is the default situation that can be avoided only if the conflict is. personal to the prohibited lawyer, the lawyer is screened under narrowly specified conditions, or. the client waives the rule's application. Second, permitting the exception for screening a lawyer.

What is the principle of imputed disqualification based on?

The principle of imputed disqualification is based on the professional obligation of loyalty that a lawyer owes his clients. Rule 1.10 cmt. [2]. The principle also reflects the presumption that lawyers associated in a law firm share client confidences with each other.

What is imputation of conflict of interest?

Lawyers associated with law firms are frequently confronted with imputed conflicts of interest. These problems can be particularly significant in a large law firm. Often, the conflict check system reveals a potential conflict of interest because of a representation by another lawyer in a completely unrelated matter.

What is imputed waiver?

When an affirmative answer is given to such a question, it is sometimes said that waiver is “imputed by operation of law”. This means that the law recognises the inconsistency and determines its consequences, even though such consequences may not reflect the subjective intention of the party who has lost the privilege.

Which title is most like not acceptable for a paralegal?

Which title is most likley to be NOT acceptable for a paralegal? Associate.

What does it mean to disqualify a law firm?

Disqualification is vicarious when a court disqualifies a lawyer be- cause he or she was a member of a firm that previously represented the. adverse party or when a court disqualifies a firm because one of its. members previously represented the adverse party. The Code of Pro-

What is the rule about simultaneously representing two clients whose interests are adverse?

(a) A lawyer shall not, without informed written consent* from each client and compliance with paragraph (d), represent a client if the representation is directly adverse to another client in the same or a separate matter.