Ethics Committee Proposes Amending Conflicts Rule

By Patricia Sallen, Director of Special Services & Ethics/Deputy General Counsel
May 14, 2013

The State Bar's Committee on the Rules of Professional Conduct (Ethics Committee) is proposing that the State Bar file a rule-change petition to modify the ethical rules on screening and imputation of conflicts.

The most significant change involves eliminating ER 1.10(d)(1) so that a lawyer representing a client in litigation could move (without the client) to the opposing law firm as long as new firm appropriately screens the moving lawyer.

The proposal aims to bring Arizona’s rule in line with the current Rule 1.10 of the ABA Model Rules of Professional Conduct.

The State Bar Board of Governors Rules Committee, through which all State Bar-generated rules proposals must pass, has not decided whether to recommend that the Board of Governors submit the proposal to the Supreme Court. The Rules Committee has directed that the proposal be circulated via eLegal to solicit comments. The Board of Governors will be briefed on the proposal at its May 17 meeting.

You can read the proposal here. If you have any comments on the proposal, please email them to rules@azbar.org by Friday, July 5, 2013.