Under Model Rule 1.10, what happens if one lawyer in a firm is disqualified from representing a client due to a conflict?

• A. Only the conflicted lawyer is disqualified.
• B. The matter must be referred to the court for approval.
• C. The client may waive the conflict and stay with the same firm.
• D. The entire firm is generally disqualified (imputed disqualification), subject to exceptions.

Answer: (D)

The key idea is imputed disqualification: under Model Rule 1.10, a conflict affecting one lawyer in a firm generally carries to the entire firm. If a lawyer in the firm is disqualified from representing a client because of a conflict, the firm as a whole is typically disqualified from handling that matter to prevent adverse effects like leakage of confidential information or divided loyalties. There are important exceptions: the firm can avoid imputation if proper screening (an ethical wall) is put in place so the conflicted lawyer is isolated and has no access to information about the matter, allowing the rest of the firm to take on the representation. There are also personal-interest exceptions where the disqualification is based on a personal stake of the conflicted lawyer and does not significantly risk the firm’s ability to represent the client. But absent these safeguards or personal-interest carve-outs, the whole firm is disqualified.