Minutes - Connecticut Judicial Branch

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premise that a firm of lawyers is essentially one lawyer for purposes of the rules governing loyalty to the client, or from the premise that each lawyer is vicariously bound by the obligation of loyalty owed by each lawyer with whom the lawyer is associated. Subsection (a) operates only among the lawyers currently associated in a firm. When a lawyer moves from one 'firm to another, the situation is governed by Rules 1.9 (b) and 1.10 (b). The Rule in subsection (a) does not prohibit representation where neither questions of client loyalty nor protection of confidential information are presented. Where one lawyer in a firm could not effectively represent a given client because of strong political beliefs, for example, but that lawyer will do no work on the case and the personal beliefs of the lawyer will not materially limit the representation by others in the firm, the firm should not be disqualified. On the other hand, if an opposing party in a case were owned by a lawyer in the law firm, and others in the firm would be materially limited in pursuing the matter because of loyalty to that lawyer, the personal disqualification of the lawyer would be imputed to all others in the firm. The Rule in subsection (a) also does not prohibit representation by others in the law firm where the person prohibited from involvement in a matter is a nonlawyer, such as a paralegal or legal secretary. Nor does subsection (a) prohibit representation if the lawyer is prohibited from acting because of events before the person became a lawyer, for example, work that the person did while a law student. Such persons, however, must be screened from any personal participation in the matter to avoid communication to others in the firm of confidential information that 5
oth the non lawyers and the firm have a legal duty to protect. See Rules 1.0 (k) and 5.3. Rule 1.10 (b) operates to permit a law firm, under certain circumstances, to represent a person with interests directly adverse to those of a client represented by a lawyer who formerly was associated with the firm. The Rule applies regardless of when the formerly associated lawyer represented the client. However, the law firm may not represent a person with interests adverse to those of a present client of the firm, which would violate Rule 1.7. Moreover, the firm may not represent the person where the matter is the same or substantially related to that in which the formerly associated lawyer represented the client and any other lawyer currently in the firm has material information protected by Rules 1.6 and 1.9 (c). Rule 1.10 (c) removes imputation with the informed consent of the affected client or former client under the conditions stated in Rule 1.7. The conditions stated in Rule 1.7 require the lawyer to determine that the representation is not prohibited by Rule 1.7 (b) and that each affected client or former client has given informed consent to the representation, confirmed in writing. In some cases, the risk may be so severe that the conflict may not , be cured by client consent. For a discussion of the effectiveness of client waivers of conflicts that might arise in tlie future, see Rule 1.7 and its Commentary. For a definition of informed consent, see Rule 1.0 (t). Where a lawyer has joined a private firm after having represented the govemment, imputation is govemed by Rule 1.11 (b) and (c), not this Rule. Under Rule 1.11 (d), where a lawyer represents the govemment after having served clients in private 6
Page 1 and 2: Minutes of the Annual Meeting Judge
Page 3 and 4: The next agenda item was the report
Page 5 and 6: ,. \ 2
Page 7: intervals upon the former client's
Page 11 and 12: suspended from practice in any juri
Page 13 and 14: elated services. In addition, a law
Page 15 and 16: agency pursuant to such authority.
Page 17 and 18: Connecticut-based matter and (2) ar
Page 19 and 20: indicating that the charging of a f
Page 21 and 22: area in a particular geographical r
Page 23 and 24: only permits a lawyer to pay the us
Page 25 and 26: (3) the likelihood of the occurrenc
Page 27 and 28: (f) Upon the filing of any motion t
Page 29 and 30: COMMENTARY: The repeal of the above
Page 31 and 32: five years' standing, certifying th
Page 33 and 34: (A) is a member in good standing of
Page 35 and 36: (4) Limitation on Opinions to Third
Page 37 and 38: (E) remittance of a filing fee to t
Page 39 and 40: y the statewide grievance committee
Page 41 and 42: (8) the complaint does not allege f
Page 43 and 44: efuses to utilize the no cost fee a
Page 45 and 46: however, that they shall not· be e
Page 47 and 48: positions before the end of a term,
Page 49 and 50: eviewing committee which shall cons
Page 51 and 52: of misconduct not alleged in the co
Page 53 and 54: [(e)) ill Within ninety days of the
Page 55 and 56: Disciplinary counsel shall serve a
Page 57 and 58: shall be alleged in a separate grie
Page 59 and 60:
his or her right to apply for readm
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which the applicant was suspended o
Page 63 and 64:
unless the attorney provides satisf
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Sec. 2·79. -Enforcement of Payment
Page 67 and 68:
confirmation to the last address re
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COMMENTARY: This revision eliminate
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authority or the parent requests a
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service needs; (5) in criminal case
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(3) Eminent domain 10 years (except
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accounting, interpleader -Injunctiv
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COMMENTARY: Under this revision, at
Page 81 and 82:
the General Statutes which must be
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testimony at trial as to any opinio
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any statute or rule permitting admi
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elative complexity of the case, the
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hundred sixty-five days after servi
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(e) A motion for nonsuit for failur
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motion or within 180 days after the
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that has been filed with the Superi
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ofthe petition (1) he has been adju
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treatment purposes, be restricted o
Page 101 and 102:
COMMENTARY: The above revisions are
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(e) If the judicial authority, even
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on the respondents and provided to
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(1) first determine whether the nec
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(11) in the event that the person n
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CHAPTER34a PLEADINGS, MOTIONS AND D
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· alternatives available under the
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judicial authority ,J of the conten
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(10) The likelihood based upon the
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tolerance drug supervision program
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ClERKS FOR .nmICIAL DISTRICTS AND F
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CLERKS FOR .romcIA" DISTRICTS AND F
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CLERKS FOR .JUDICIAI, DISTRICTS AND
Page 128 and 129:
CIDEF CI.ERK AND CLERKS FOR HOUSING
Page 130 and 131:
FAIRFIELD .rurnCIAL DISTRICT First
Page 132 and 133:
MJDDI.ESEX .TIJDlCIAL DISTRICT Firs
Page 134 and 135:
STAMFORD-NORWALK JUDICIAL DISTRICT
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STATEWIDE GRJlWANCE COMMITTEE ( •
Page 138 and 139:
STATEWIDE GRIEVANCE COMMITTEE ( •
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BAR COUNSEL FOR I,OCAL GRIEVANCE PA
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CHIEF DISCIPLINARY COUNSEl. AND DlS
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STATE BAR EXAMINING COMMITTEE. SUPE
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STANDING COMMITTEE ON RECOMMENDATIO
Page 148 and 149:
STANDING COMMITTEE ON RECOMMENDATIO
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Minutes - Connecticut Judicial Branch

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