Blog

An associate of a law firm met with a woman who had a potent…

An associate of a law firm met with a woman who had a potential personal injury claim against a supermarket. At that meeting, the associate asked the woman to provide the name of the supermarket before she disclosed any further information about the incident. When the woman told the associate the name of the supermarket, the associate recognized that his law firm was representing the supermarket in various litigation matters. As a result, the associate declined to discuss the matter further and declined the representation. He did not disclose the woman’s potential claim against the supermarket to any other lawyers in his firm. Several months later, a lawyer in a different firm filed a lawsuit against the supermarket on the woman’s behalf. When the supermarket contacted a partner in the associate’s law firm about defending it in the lawsuit, the partner circulated a conflict of interest questionnaire. The associate responded by disclosing that the woman had initially consulted him about representing her in a claim against the supermarket and that he had obtained no other information regarding the incident. Without implementing any measures to screen the associate from participation in the matter, the partner entered an appearance on behalf of the supermarket. Is the partner subject to discipline?