Sonya previously worked at Firm A. While she was there, Firm A worked on the Fisher v. Baker case, representing Fisher. Sonya obtained confidential information about the case while at Firm A. Sonya has now moved to Firm B, which represents Baker in the same case. Fisher does not want Sonya or anyone else at Firm B working on the case.
May Sonya's colleagues at Firm B continue to work on Fisher v. Baker?
A. Yes, if they screen Sonya from the case, apportion no part of the fee to Sonya, and give notice and updates to Fisher
B. No, they must withdraw from the case
A. Yes, if they screen Sonya from the case, apportion no part of the fee to Sonya, and give notice and updates to Fisher
If a lawyer who is disqualified from representing a client joins a new firm, the new firm may be disqualified as well unless the lawyer is properly screened. Proper screening means the disqualified lawyer doesn't work on the case, discuss it with those who do, or have access to case files. It also requires that the disqualified lawyer doesn't share fees from the matter, and the former client is given notice (along with periodic certifications of compliance with the screening procedures). Alternatively, the former client can give informed consent, confirmed in writing, but here Fisher has refused to give consent.