Return to the Ethnics Rules as a Standard for Attorney Disqualification: Attempting Consistency in Motions for Disqualification by the Use of Chinese Walls

• NCJ Number: 159530
• Journal: Duquesne Law Review Volume: 33 Issue: 2 Dated: (Winter 1995) Pages: 249-281
• Author(s): R B Bateman
• Date Published: 1995
• Length: 33 pages
• Publication Format: Article
• Publication Type: Survey
• Language: English
• Country: United States of America

Annotation

This article discusses changes in ethics rules related to the disqualification of attorneys for a conflict of interest, and the use of screening procedures and mechanisms -- so-called Chinese walls -- designed to preserve client-attorney confidentiality.

Abstract

The article discusses the rationale behind the doctrine of imputed disqualification and considers various approaches that the ethics rules have taken with respect to imputed disqualification. The doctrine of imputed disqualification has changed as a result of the courts' decreased reliance on the ethics rules as the standard upon which disqualifications are based. Finally, these approaches are used as a basis for proposing standards for applying the ethics rules in determining whether or not to grant a disqualification motion. If used properly, Chinese walls should protect client- attorney confidentiality without restricting attorney mobility and other clients' right to counsel of choice. 191 notes