D.C. Adopts Screening Of Laterals, But Adds Delayed Or No Notice Exception

Peter Jarvis is a Partner and Calon Russell is an Associate in Holland & Knight's Portland office.

HIGHLIGHTS:

• The District of Columbia has joined the increasing number of U.S. jurisdictions that allow screening of lateral lawyers to avoid imputation of conflicts of interest that arise based on those lawyers' former client relationships.
• As with many screening rules, D.C.'s new rule requires notice of the screen to be sent to the affected former client. D.C., however, has created an exception to this notice requirement when the affected current client requests that such notice not be sent, or at least be delayed, in order to maintain confidentiality as to the fact and subject matter of that client's representation.