governs imputed conflicts of interest and replaces Ohio DR 5-105(D), which

Ohio Rules of Professional Conduct

Rule: 1.10

Jurisdiction: OH

Bluebook Citation: Ohio Prof. Cond. R. 1.10

imputes the conflict of any lawyer in the firm to all others in the firm. Rule 1.10(a) embodies this rule. The text of DR 5-105(D) lacks clarity about whether its provisions extended to all conflicts, including personal conflicts. Rule 1.10(a) imputes all conflicts, except personal conflicts that are not likely to affect adversely the representation of a client by other lawyers in the firm. Rule 1.10(b) clarifies that imputation generally ends when the personally disqualified lawyer leaves the firm, unless the firm proposes to represent a client in the same or substantially related case or another lawyer in the firm has confidential information about the former client. Divisions (c) and (d) are added to codify the rule in Kala v. Aluminum Smelting & Refining Co., Inc. (1998), 81 Ohio St.3d 1, where the Supreme Court allowed law firm screens in some cases when personally disqualified lawyers change law firms. Rule 1.10(c) is consistent with the holding in Kala that imputes to a new firm the disqualification of a lawyer who had substantial responsibility for a matter and prevents any lawyer in that firm from representing, in that matter, a client whose interests are materially adverse to the former client. Consistent with the syllabus in Kala, Rule 1.10(d) allows the presumption of shared confidences within the new firm to be rebutted by effective screening when a personally disqualified lawyer did not have substantial responsibility in the matter or the new firm is asked to represent a client in a different matter. Comparison to ABA Model Rules of Professional Conduct

Chat with this court rule using AI

Ask CiteLaw's AI Navigator anything about this court rule, verify citations, and research related authorities. Sign up for CiteLaw free today to get started.