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THE STATE BAR OF CALIFORNIA 84th Annual Meeting Program 79 Ethical Screens in California: To Be or Not to Be? Friday, September 16, 2011 4:15 p.m. 5:15 p.m. Sponsored by the Committee on Professional.

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The intention of ethical screens (or “walls”) is to prevent lawyers from sharing past client confidences that are material to matters at their new firms.

What is the ethical wall? The concept of the ethical wall is a screening barricade that must be established within a business, it can be a law firm in this context, to protect clients by restraining access to information in order to prevent conflicts of interest between associates.

The rules and any related standards adopted by the Board are binding on all attorneys licensed by the State Bar.

Ethical walls are applied in law firms thousands of times each year. Most of those are consent walls, but some nine states appear to allow ethical walls, without consent, in lateral transfer situations. Moreover, most states allow ethical walls in connection with the hiring of government lawyers.

In fact, in 2010 the California State Bar Board of Governors Committee on Regulation and Admissions explicitly decided not to adopt a rule allowing ethical screens to guard against disqualification. It reasoned that the issue is better left to resolution by case law. So that is where lawyers must look for guidance.

(A) In General. (1) If permission for termination of employment is required by the rules of a tribunal, a member shall not withdraw from employment in a proceeding before that tribunal without its permission.

Arrangements within a business that require information held by a person in the course of carrying on one part of its business to be withheld from, or not to be used for, persons with or for whom it acts in the course of carrying on another part of its business.

Such screens should isolate the lawyer from information on the matter giving rise to the conflict, and possibly also provide physical isolation; prevent the conflict-tainted person from working on the matter; and prevent the conflict-tainted person from sharing fees obtained in the matter.

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Form Packages
Adoption
Bankruptcy
Contractors
Divorce
Home Sales
Employment
Identity Theft
Incorporation
Landlord Tenant
Living Trust
Name Change
Personal Planning
Small Business
Wills & Estates
Packages A-Z
Form Categories
Affidavits
Bankruptcy
Bill of Sale
Corporate - LLC
Divorce
Employment
Identity Theft
Internet Technology
Landlord Tenant
Living Wills
Name Change
Power of Attorney
Real Estate
Small Estates
Wills
All Forms
Forms A-Z
Form Library
Customer Service
Terms of Service
DMCA Policy
About Us
Blog
Affiliates
Contact Us
Privacy Notice
Delete My Account
Site Map
All Forms
Search all Forms
Industries
Forms in Spanish
Localized Forms
Legal Guides
Real Estate Handbook
All Guides
Prepared for You
Notarize
Incorporation services
Our Customers
For Consumers
For Small Business
For Attorneys
Our Sites
US Legal Forms
USLegal
FormsPass
pdfFiller
signNow
airSlate workflows
DocHub
Instapage
Social Media
Call us now toll free:
1-877-389-0141
As seen in:
  • USA Today logo picture
  • CBC News logo picture
  • LA Times logo picture
  • The Washington Post logo picture
  • AP logo picture
  • Forbes logo picture
© Copyright 1997-2025
airSlate Legal Forms, Inc.
3720 Flowood Dr, Flowood, Mississippi 39232